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Decision Text

ARMY | BCMR | CY2012 | 20120010760
Original file (20120010760.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010760 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) to show his Social Security Number (SSN) as
"xxx-xx-xxx4" instead of "xxx-xx-xxx5."

2.  He states he noticed his SSN on his DD Form 215 was incorrect.  He then looked at his DD Form 214 and it was wrong also.

3.  He provides a copy of his Social Security card, DD Form 214, and DD Form 215.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 14 July 1966.  He completed training and he was awarded military occupational specialty 76S (repair parts specialist).

3.  During the applicant's service a majority of the documents in his military service record reflected his assigned military service number.  However, his record contains:

	a.  a DA Form 20 (Enlisted Qualification Record) that was prepared and signed by the applicant on 20 July 1966 and last audited by him on 9 January 1968.  This document shows his SSN as "xxx-xx-xxx5."

	b.  General Orders Number 133, issued by Headquarters, Special Troops, U.S. Army Armor Center, Fort Knox, KY, that awarded him the Army Good Conduct Medal (1st Award).  The applicant's standard name line on this order shows his SSN as "xxx-xx-xxx5."

4.  He was honorably released from active duty (REFRAD) on 12 July 1968 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 years, 11 months, and 29 days of total active service.  The DD Form 214 he was issued at the time shows his SSN as
"xxx-xx-xxx5."

5.  On 10 June 2011, the applicant petitioned the ABCMR for correction of his
DD Form 214 to add his two Purple Hearts.  On 22 December 2011, the Board determined the applicant's record should be corrected to show two awards of the Purple Heart.  As a result, on 29 December 2011, a DD Form 215 was issued adding the Purple Heart (2nd Award) to his DD Form 214.  There was no evidence of record the applicant raised the issue of an incorrect SSN at the time.

6.  On 21 June 1972, the U.S. Army Reserve Components Personnel and Administrative Center, St. Louis, MO issued Letter Orders Number 06-1222767 honorably discharging the applicant from the Standby Reserve.  These orders show his SSN as "xxx-xx-xxx4."

7.  He provided a copy of his Social Security card that reflects his SSN as
"xxx-xx-xxx4."


DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army of the United States on 14 July 1966.  At that time, a military service number was assigned for the purpose of identification.  However, his military personnel record contains a DA Form 20 that was reviewed and signed by him and his Army Good Conduct Medal orders that show he used the SSN of "xxx-xx-xxx5" during his active duty service until sometime after his REFRAD.

2.  Although his USAR discharge orders reflect the SSN as shown on his Social Security card, these orders were published almost 4 years after his REFRAD.  It is unknown when he began using the SSN shown on his social security card.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his AMHRR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120010760



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ABCMR Record of Proceedings (cont)                                         AR20120010760



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