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Decision Text

ARMY | BCMR | CY2013 | 20130005990
Original file (20130005990.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130005990 


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN).

2.  The applicant states he would like his DD Form 214 amended to show his SSN as "xxx-xx-0392" instead of "xxx-xx-3400."  He contends that his SSN was recorded incorrectly by the person who completed his DD Form 214.

3.  The applicant provides a DD Form 214 for the period ending 18 December 1979, a DA Form 4187 (Personnel Action) dated 1 March 1995, a letter from the Social Security Administration, and copies of his driver's license and social security card.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120000773, on 21 June 2012.

2.  The applicant provides a letter from the Social Security Administration and a DA Form 4187 which were not previously reviewed by the Board.  Therefore, these documents are considered new evidence which warrant consideration by the Board .  

3.  In the previous Record of Proceedings it was noted that:

	a.  He enlisted in the Army National Guard (ARNG) on 12 July 1979.  

	b.  The DD Form 4 (Enlisted or Reenlistment Agreement – Armed Forces of the United States) prepared to document his ARNG enlistment lists his SSN as xxx-xx-3400.  

	c.  He entered initial active duty for training (IADT) on 24 September 1979.  His DA Form 2-1 (Personnel Qualification Record), prepared on 25 September 1979, lists his SSN as xxx-xx-3400.  

	d.  He was released from active duty on 18 December 1979 upon completion of initial active duty for training.  His DD Form 214 lists his SSN as xxx-xx-3400.

	e.  He was discharged from the ARNG on 21 May 1982.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his SSN as xxx-xx-3400.

4.  The Board concluded the applicant entered, served, and was released from active duty under the SSN he now claims is incorrect.  As a result, there was an insufficient evidentiary basis to support granting the requested relief and voted to deny his request.

5.  A review of the applicant's military records revealed that after a 12-year break in service, he reenlisted in ARNG on 20 July 1994.  His DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his SSN as xxx-xx-0392.

6.  He provides a letter from the Social Security Administration, dated 5 January 2010, which indicates the SSN xxx-xx-0392 is the only SSN their agency has assigned to the applicant and that the SSN xxx-xx-3400 was never assigned to him.  

7.  The DA Form 4187 he provided and a copy of his social security card show his SSN as xxx-xx-0392.

8.  Army Regulation 635-5 (Separations 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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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's contention that his DD Form 214 should be corrected to show a different SSN has been carefully considered.

2.  Although the Social Security Administration letter confirms the applicant's SSN is xxx-xx-0392, the fact remains he served in the ARNG during the period 12 July 1979 - 21 May 1982 listing his SSN as xxx-xx-3400 during the entire period of service.

3.  The DA Form 4187 as provided by the applicant, dated 1 March 1995, shows his SSN as xxx-xx-0392.  However, this form pertains to a later period of service.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  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.

5.  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 in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have his correct SSN documented in his records.

6.  Based on the foregoing, there is no basis to correct his DD Form 214 for the period ending 18 December 1979 to show a different SSN.

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 to amend the decision of the ABCMR set forth in Docket Number AR20120000773, dated 21 June 2012.




      _______ _  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)                                         AR20130005990



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ABCMR Record of Proceedings (cont)                                         AR20130005990



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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