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ARMY | BCMR | CY2013 | 20130017034
Original file (20130017034.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130017034 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-XX-6711.

2.  The applicant states his SSN is wrong.

3.  The applicant provides his DD Form 214 for the period ending 7 May 1982.

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.  On 25 August 1979, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program.  He was discharged from the USAR and he enlisted in the Regular Army on 30 January 1980.  The SSN shown on his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) is XXX-XX-9866.

3.  The SSN shown on his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) is the same as the SSN shown on his DD Form 4.  Item 40 (Data Verification by Recruiter) shows his recruiter verified the applicant's SSN using his Internal Revenue Service Form W-2 (Wage and Tax Statement).

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows the same SSN as shown on his DD Form 4.

5.  All other documents in his Military Personnel Records Jacket (MPRJ) identify him where required using the SSN shown on his DD Form 4.

6.  On 7 May 1982, he was discharged under honorable conditions.  His DD Form 214, also containing his signature, shows the same SSN as shown on his DD Form 4 and DA Form 2-1.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation stated 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 conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  He contends his SSN is incorrect.  However, he did not submit any evidence to support his contention.  The SSN he entered on his application is completely different from the SSN shown on the DD Form 214 he submitted.  He provided no explanation as to why there is such a disparity.

2.  The SSN shown on his DD Form 214 matches the SSN shown on his DD Form 4 and DA Form 2-1.  This same SSN was used to identify him throughout his MPRJ.  Therefore, there is insufficient evidence to change the SSN recorded on his DD Form 214.

3.  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.  There is a reluctance to recommend that those records be changed.

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 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)                                         AR20130017034



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ABCMR Record of Proceedings (cont)                                         AR20130017034



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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