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ARMY | BCMR | CY2013 | 20130016110
Original file (20130016110.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014  

		DOCKET NUMBER:  AR20130016110 


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 "3XX-5X-1XXX."

2.  The applicant states item 3 (SSN) of his DD Form 214 is in error and should be corrected to show his SSN as "3XX-5X-1XXX." 

3.  The applicant provides a copy of his 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 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 (RA) on 18 July 1972 for a period of 3 years.  His enlistment contract shows his SSN as "2XX-3X-7XXX."  He was honorably discharged on 1 April 1974.   

3.  Item 3 of his DD Form 214 shows his SSN as "2XX-3X-7XXX."

4.  All of his service personnel records show his SSN as "2XX-3X-7XXX."

5.  He provides a copy of his social security card which shows his SSN as 
"3XX-5X-1XXX."  

6.  Army Regulation 635-5 (Separation 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 contends his SSN is incorrect on his DD Form 214.

2.  The evidence of record shows he recorded his SSN as "2XX-3X-7XXX" when he enlisted in the RA and this SSN was used exclusively during his military service.  His DD Form 214 shows this SSN when he was discharged in April 1974.

3.  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 now desires to record his requested SSN in 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 military records.  This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his requested SSN documented.

5.  In view of the foregoing, there is no basis for granting the applicant's request to amend his 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)                                         AR20130016110



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130016110



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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