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ARMY | BCMR | CY2013 | 20130009438
Original file (20130009438.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130009438 


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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, his pay vouchers reflect a pattern of identification errors made by the issuing clerk because these documents contain handwritten entries placed after he signed the vouchers.  His U.S. Army wages were counted for social security purposes under the SSN XXX-XX-9459 regardless of the many different numbers listed on his pay vouchers.  In 1969, his only employment was with the U.S. Army.  The Social Security Administration verified his correct SSN as XXX-XX-9459 and that the SSN on his DD Form 214 belongs to another individual.

3.  The applicant provides:

* eight DA Forms 2139 and DA Forms 2139-1 (Military Pay Voucher)
* Report of Confidential Social Security Benefit Information, dated 14 February 2013
* Social Security Statement, dated 22 February 2013

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 AR20110024865 on 7 June 2012.

2.  The applicant provides documents from the Social Security Administration and military pay vouchers which were not previously reviewed by the Board.  Therefore, these documents are considered new evidence which warrant consideration by the Board.

3.  The previous Record of Proceedings noted:

	a.  He enlisted in the Regular Army on 6 December 1968.

	b.  He was released from active duty on 8 July 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 matched the SSN recorded in his military records and under which he served.

4.  The Board concluded that 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.  He provides military pay vouchers which contain several handwritten entries for his SSN; however, none of these entries list the SSN XXX-XX-9459.

6.  He provides a Report of Confidential Social Security Benefit Information, dated 14 February 2013.  Item 10 (Other) of this document states, "The social security number assigned to you in July 1970 is XXX-XX-9459.  This is the only social security number assigned to you.  The social security number on your DD214 [sic] belongs to another individual."

7.  He provides a Social Security Statement which shows he had taxed social security earnings for the period 1968 to 2005.  An SSN is not listed on this document.

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 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 his SSN as XXX-XX-9459 has been carefully considered.

2.  Although the Social Security Administration letter confirms the applicant's SSN is XXX-XX-9459, the fact remains that he performed his entire period of active duty service under the SSN shown on his DD Form 214.

3.  The new evidence as provided by the applicant, dated 14 February 2013, clearly shows that he was issued the SSN XXX-XX-9459 in July 1970, which is the same month as his release from active duty.  Therefore, it would be impossible for the applicant to have performed his military service under this SSN.

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 current 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 regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his records.

6.  Based on the foregoing, there is no basis to correct his DD Form 214 to show the requested 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110024865, dated 7 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)                                         AR20130009438



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ABCMR Record of Proceedings (cont)                                         AR20130009438



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