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ARMY | BCMR | CY2013 | 20130005793
Original file (20130005793.txt) Auto-classification: Denied
		

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130005793 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-x36x" instead of "xxx-xx-x78x."

2.  The applicant states his SSN is incorrectly listed on his DD Form 214 as the result of a typographical error.

3.  The applicant provides his Social Security card, DD Form 214, and two National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the period ending 11 January 1980 and 20 November 1981.

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 (RA) on 21 January 1972.

3.  His record contains the following documents showing his SSN as
"xxx-xx-x78x."

* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 21 January 1972
* DD Form 398 (Statement of Personal History), completed by the applicant

4.  On 14 January 1974, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 11 months, and 24 days 9of total active service.  His DD Form 214 shows his SSN as "xxx-xxx-x78x."

5.  There is no evidence of record and he did not provide any evidence that shows he used the SSN of "xxx-xx-x36x" at any time during his active or inactive duty military service.

6.  He provides his Social Security card that shows his SSN as "xxx-xx-x36x."  However, he also provided his DD Form 214 and two NGB Forms 22 that list his SSN as "xxx-xx-x78x."

7.  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.  This regulation establishes standardized policy for preparation of the DD Form 214.  The instructions in effect at the time of the applicant's release from active duty stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the RA in 1972 he recorded his SSN as
"xxx-xx-x78x."  This is the SSN that is listed on his DD Form 214 and subsequent NGB Forms 22 and is consistent with the SSN he used throughout his periods of active military service.  There is no evidence he used the requested SSN at any time during his military service.

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 understandable that he now desires to record his correct SSN in his service


records and separation documents, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document 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.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20130005793



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ABCMR Record of Proceedings (cont)                                         AR20130005793



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