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ARMY | BCMR | CY2013 | 20130006230
Original file (20130006230.txt) Auto-classification: Denied
		

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130006230 


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 change of the social security number (SSN) shown on the  DD Form 214 (Report of Transfer or Discharge) to the one shown on his Social Security card.

2.  The applicant states the correct SSN was issued by the Social Security Administration.

3.  The applicant provides copies of:

* DD Form 214 showing an SSN ending in 6842
* Social Security card showing an SSN ending in 0230

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 8 April 1968.  His DD Form 4 (Enlistment Contract-Armed Forces of the United States) and DD Form 398 (Statement of Personal History) carry the same SSN as shown on the DD Form 214.

3.  He was discharged on 5 December 1969.  The only SSN used anywhere in the record is that shown on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains no reference to an SSN other than the one shown on the DD Form 214.  He offers no explanation for the discrepancy in SSNs.

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 the applicant desires to now record his SSN in his military records as it is listed on his Social Security Card there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

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)                                         AR20130006230





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ABCMR Record of Proceedings (cont)                                         AR20130006230



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