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ARMY | BCMR | CY2013 | 20130018164
Original file (20130018164.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	 27 May 2014 

		DOCKET NUMBER:  AR20130018164 


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 (Report of Separation from Active Duty) to show his social security number (SSN) is XXX-XX-6376.

2.  The applicant states the SSN shown on his DD Form 214 is wrong.

3.  The applicant provides copies of his Social Security Card showing an SSN of XXX-XX-6376 and his 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.  On 7 September 1973, the applicant enlisted in the Regular Army using SSN XXX-XX-2376.  That SSN was used exclusively throughout his period of active service and that SSN is listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain only the SSN that is listed on his DD Form 214.  He offers no explanation for the discrepancy between the SSN recorded in his record and the one that he currently uses.

2.  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 the SSN listed on his Social Security Card in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  A copy of this decisional document will be placed in the applicant’s Army Military Human Resource Record to clarify the difference between his SSN of record and the SSN he currently uses.

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)                                         AR20130017674



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130018164



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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