Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130017552
Original file (20130017552.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130017552 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 
XXX-38-XXXX instead of XXX-36-XXXX.

2.  The applicant states his SSN was incorrectly recorded.

3.  The applicant provides copies of his social security card and DD Form 214.

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's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 29 November 1956.

4.  The applicant's available documents identify him by his service number.

5.  His DD Form 214 shows he was honorably released from active duty on 17 February 1959.  This form shows his SSN as XXX-36-XXXX.

6.  The applicant provided a copy of his social security card which shows his SSN as XXX-38-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's complete records are not available for review; however, regularity is presumed in this case.

2.  Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and DD Form 214.

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



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)                                         AR20130017552



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017552



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110022775

    Original file (20110022775.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows her SSN appeared as "xxx-4x-xxxx" on her DD Form 214, the only document in her available service personnel record during her period of military service. Based on her Social Security card, her SSN is actually "xxx-7x-xxxx"; however, there is no evidence to show this is the SSN she used when she served on active duty.

  • ARMY | BCMR | CY2014 | 20140017248

    Original file (20140017248 .txt) Auto-classification: Denied

    The applicant requests correction military record to show his correct social security number (SSN). The applicant's military records are not available to the Board for review. His WD AGO Form 100 is the only document that includes a SSN and it lists the number that he claims is incorrect and he authenticated this document with his signature, thereby verifying the information contained thereon.

  • ARMY | BCMR | CY2013 | 20130004131

    Original file (20130004131.txt) Auto-classification: Denied

    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 "xxx-x4-xxxx" instead of "xxx-x5-xxxx." The applicant's military record is not available to the Board for review. Since his record is unavailable for the Board to review, there is no way to verify what SSN the applicant used during his tenure of service and the DD Form 214, which he signed, is presumed to have been correct...

  • ARMY | BCMR | CY2011 | 20110020659

    Original file (20110020659.txt) Auto-classification: Approved

    The applicant provides his DD Form 214 and his social security card with associated documents. During the processing of the applicant's enlistment he completed a DD Form 398 (Statement of Personal History), dated 7 September 1966, wherein he entered his SSN as "xxx-38-xxxx." Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.

  • ARMY | BCMR | CY2014 | 20140006212

    Original file (20140006212.txt) Auto-classification: Approved

    However, the DD Form 398 (Statement of Personal History) which he submitted when he enlisted lists his SSN as XXX-38-XXXX. The regulation directs, in pertinent part, that 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. DISCUSSION AND CONCLUSIONS: The applicant's record contains documents showing he used the SSN that is listed on his Social Security...

  • ARMY | BCMR | CY2015 | 20150003871

    Original file (20150003871.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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 "XXX-38-XXXX" instead of "XXX-08-XXXX." The evidence of record shows that at the time of the applicant's enlistment on 10 February 1966, his SSN was represented as "XXX-38-XXXX," which is the SSN he used when completing his DD Form 398,...

  • ARMY | BCMR | CY2013 | 20130009766

    Original file (20130009766.txt) Auto-classification: Denied

    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-x1-xxxx" instead of "xxx-x7-xxxx." Nothing in his records shows he used the requested SSN during his military service. ___________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.

  • ARMY | BCMR | CY2015 | 20150000529

    Original file (20150000529.txt) Auto-classification: Denied

    Regrettably, his records were destroyed in the National Personnel Records Center fire in 1973 and his DD Form 214 is the only Army record available that lists his SSN. Absent other Army records to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case. The applicant may resubmit an application to the Board if he can provide an Army document showing...

  • ARMY | BCMR | CY2014 | 20140017087

    Original file (20140017087.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-3X-XXXX. 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...

  • ARMY | BCMR | CY2014 | 20140020883

    Original file (20140020883.txt) Auto-classification: Denied

    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 XXX-6X-XXXX instead of XXX-5X-XXXX. 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. The evidence of record shows the SSN...