Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120012228
Original file (20120012228.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012228 


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 correction of his DD Form 214 Armed Forces of the United States Report of Transfer or Discharge) to show his military service number (SN) as "RA XX XXX XXX1" vice "RA XX XXX XXX."

2.  The applicant states his SN is missing one number.  He believes this to be a typographical error.  A staff member at the Veterans Service Office (VSO) discovered the error in his SN when he went to the VSO to file for benefits.  He request a copy of this record of proceedings be sent to VSO.

3.  The applicant provides a letter from the VSO, dated 22 June 2012 and his 
DD Form 214.

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 enlisted in the Regular Army on 20 September 1961.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his SN as "RA XX XXX XXX."  He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.

3.  His record contains a DA Form 41 (Record of Emergency Data), dated 
10 January 1964.  This form shows his as "RA XX XXX XXX."  He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.

4.  His record contains two DA Forms 24 (Service Record) both listing his SN as "RA XX XXX XXX."

5.  His DA Form 20 (Enlisted Qualification Record) shows his SN as 
"RA XX XXX XXX."

6.  He was honorably released from active duty on 18 September 1964.  His DD Form 214 shows his SN "RA XX XXX XXX."  He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.

7.  All the forms and documents contained in his military record list his SN as "RA XX XXX XXX."

8.  .  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned and used the SN "RA XX XXX XXX" upon enlistment in the Regular Army.  He consistently used this SN throughout his military service.  He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct.  He did not use SN "RA XX XXX XXX1."

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 understood that the applicant desires to now record his requested SN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.  

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)                                         AR20120012228





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012228



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003134

    Original file (20150003134.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his: * date of birth (DOB) as 18 September 1958 vice 18 September 1957 * social security number (SSN) as XXX-XX XXX1 vice XXX-XX-XXX3 2. His DD Form 4 (Enlistment or Reenlistment Agreement), dated 17 August 1976, shows his DOB as 18 September 1957 and his SSN with the last digit as 3. The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his DOB as...

  • ARMY | BCMR | CY2012 | 20120006476

    Original file (20120006476.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SNN) as "XXX-XX-6227" vice "9XX-XX-4329." The evidence of record shows the applicant listed his SSN as "XXX-XX-6227" upon his enlistment in the RA. It also appears that the typed TIN was lined through when he received his social security card and the SSN "XXX-XX-6227" was recorded on his DD Form 4.

  • ARMY | BCMR | CY2010 | 20100016853

    Original file (20100016853.txt) Auto-classification: Denied

    His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number (SN); it did not list his SSN. The evidence of record shows that during his military service, the applicant used the SSN xxx-xx-1714. This SSN is shown on his DD Form 93, DA Form 20, and Military Pay Voucher.

  • ARMY | BCMR | CY2011 | 20110013023

    Original file (20110013023.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-6518" instead of "XXX-XX-9664" (a completely different SSN). 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. The...

  • ARMY | BCMR | CY2011 | 20110000568

    Original file (20110000568.txt) Auto-classification: Denied

    The evidence of record shows the applicant enlisted in the RA on 8 July 1968. However, throughout the applicant's active duty service no evidence was present listing the applicant's SSN as anything other than "xxx-xx-xxx4." ___________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.

  • ARMY | BCMR | CY2009 | 20090021966

    Original file (20090021966.txt) Auto-classification: Denied

    The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his Service Number; it does not show his SSN. The evidence of records shows that the applicant used his Service Number throughout his military service. Although he completed a DA Form 41 and listed his SSN as "xxx-xx-9xxx," he also completed an Army Reserve Personnel Data Review shortly after his active duty separation and he listed his SSN as "xxx-xx-4xxx."

  • ARMY | BCMR | CY2012 | 20120007895

    Original file (20120007895.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his Social Security Number (SSN) as "XXX-XX-6X92" instead of "XXX-XX-7X11." All of the documents and forms in the applicant's record listed his SSN as "XXX-XX-7X11." The available evidence shows the applicant used SSN "XXX-XX-7X11" upon enlistment in the RA.

  • ARMY | BCMR | CY2011 | 20110001437

    Original file (20110001437.txt) Auto-classification: Denied

    When he went into the service, he was issued an SSN by the Army. Item 3 (SSN) of his DD Form 214 shows his SSN as "9XX-XX-1193." The evidence of record shows the applicant was inducted into the Army of the United States on 17 September 1969.

  • ARMY | BCMR | CY2011 | 20110013294

    Original file (20110013294.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 to show his correct SSN. ___________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.

  • ARMY | BCMR | CY2011 | 20110020327

    Original file (20110020327.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 March 1977 to show his social security number (SSN) as "xxx-xx-xxx9" instead of "xxx-xx-xxx4." Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case. ABCMR Record of...