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ARMY | BCMR | CY2013 | 20130004437
Original file (20130004437.txt) Auto-classification: Denied

		
		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130004437 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 
"xx8-xx-xxxx" instead of "xx2-xx-xxxx."

2.  The applicant states:

* his SSN is wrong on his DD Form 214
* his SSN is "xx8-xx-xxxx"
* he is unable to get some Department of Veterans Affairs (VA) benefits

3.  The applicant provides:

* Social Security card
* Minnesota identification card
* 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's record contains a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) that shows on 18 June 1980, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program for a period of 6 years.  It also shows on 16 July 1980, he was discharged from the USAR DEP and he enlisted in the Regular Army on 17 July 1980 for a period of 3 years.  This form further shows his SSN as "xx2-xx-xxxx."

3.  On 26 August 1983, he was discharged by reason of unsatisfactory performance.  The DD Form 214 he was issued at the time shows his SSN as "xx2-xx-xxxx."

4.  All of his service personnel records show his SSN as "xx2-xx-xxxx."

5.  He provides a copy of his Social Security card that shows his SSN as
"xx8-xx-xxxx." 

6.  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 preparation of the DD Form 214.  It states 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 applicant contends the SSN shown on his DD Form 214 is incorrect.

2.  The evidence of record shows the applicant recorded his SSN as
"xx2-xx-xxxx" when he enlisted in the USAR and subsequently in the RA in 1980. He exclusively used the same SSN throughout his military service.  His DD Form 214 shows this same SSN when he was discharged in 1983.

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 current 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 will be filed in his military records.  This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his current SSN documented.

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)                                         AR20130004437



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ABCMR Record of Proceedings (cont)                                         AR20130004437



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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