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ARMY | BCMR | CY2013 | 20130009927
Original file (20130009927.txt) Auto-classification: Denied

	 

		BOARD DATE:	   28 January 2014

		DOCKET NUMBER:  AR20130009927


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, in effect, 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 "470-x2-xxxx" instead of "517-x4-xxxx."

2.  The applicant states the error or omission resulted from a typographical error.

3.  The applicant provides a copy of his DD Form 214 and Social Security card.

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 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.  On 20 June 1966, the applicant was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) identifies him by his assigned military service number; it does not contain his SSN.
3.  On 22 March 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows his SSN as "517-x4-xxxx."

4.  The documents contained in his Army Military Human Resources Record (AMHRR), formerly known as the Official military Personnel File (OMPF), primarily identify him by his service number.  However, in some instances, he is identified by the contested SSN.  The requested SSN is not shown on any of the documents contained in his AMHRR.

5.  He provides his Social Security card that shows his SSN as "470-x2-xxxx."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the condition as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army of the United States on 20 June 1966, using his assigned service number.  He was identified primarily by his service number throughout his period of active service; however, on several documents he was identified by the contested SSN that appears on his DD Form 214.  He is not identified by the requested SSN on any documents contained in his AMHRR.

2.  Therefore, lacking convincing independent and verifiable evidence that shows the requested SSN was used at least once during his period of active service, it is presumed his military service records, including the DD Form 214, were correct at the time and there is insufficient evidentiary basis for granting the applicant's requested relief in this case.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  In this regard, 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 a different SSN throughout his 

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

4.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.  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 a different SSN documented in his AMHRR.

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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20130009927



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