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ARMY | BCMR | CY2013 | 20130008075
Original file (20130008075.txt) Auto-classification: Denied

		
		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130008075 


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 social security number (SSN) as 363-XX-XXXX vice 343-XX-XXXX.

2.  He states his SSN is wrong on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his Medicare Health Insurance card
* Social Security Administration (SSA) 1099 Form (Social Security Benefit Statement) 
* a memorandum 

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 21 June 1965.  At the time of induction, he was assigned a military service number that was primarily used for identification purposes. 
 
3.  The following documents contained in his official record show his SSN as 343-XX-XXXX:

   a.  Special Orders Number 23, issued by Headquarters, Americal Division, dated 23 January 1967;
   
   b.  Special Orders Number 76, issued by Headquarters, Americal Division, dated 16 March 1968;
   
   c.  DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 18 March 1968; and 

   d.  Special Orders Number 80, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 20 March 1968.

4.  On 20 March 1968, he was released from active duty after serving honorably for 2 years and 9 months.  Item 3 (SSN) of his DD Form 214 shows his SSN as 343-XX-XXXX.

5.  He submitted the following documents, which shows his SSN as 363-XX-XXXX:

* a memorandum from the National Personnel Records Center, dated 
27 March 2007
* his Medicare Health Insurance card, effective 1 October 2009
* an SSA Form 1099 SM, dated 2011

6.  He submitted an Order Registry Record, dated 1 April 2013, that contains the handwritten entry which states there are no records at the National Archives Record Administration under the military service number XXXXXX or SSN 363-XX-XXX.  

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military pay voucher.
DISCUSSION AND CONCLUSIONS:

1.  All of the documents in the applicant's record show he used SSN 343-XX-XXXX when he served in an active duty status.

2.  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 on his DD Form 214, 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 record.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current 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 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)                                         AR20130007318



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130008075



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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