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Decision Text

ARMY | BCMR | CY2013 | 20130020095
Original file (20130020095.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130020095 


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 military service records to show his social security number (SSN) as 261-XX-XXXX instead of 268-XX-XXXX.

2.  The applicant states his SSN is 261-XX-XXXX.

3.  The applicant provides no additional documentation in support of his request.

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 on 30 July 1986.  His DD Form 
4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 17 July 1986, shows his SSN as 268-XX-XXXX.

3.  All documents in the applicant’s service records show his SSN as 268-XX-XXXX.

4.  On 7 March 1988, the applicant was honorably discharged.  His DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows his SSN as 268-XX-XXXX.

5.  The applicant has not provided evidence that shows his SSN is 261-XX-XXXX.

6.  Army Regulation 635-5 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 the preparation of the DD Form 214.  In pertinent part it 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’s request for change of his SSN was carefully considered and it was determined there is insufficient evidence to support his request.

2.  The preponderance of evidence shows he used the SSN 268-XX-XXXX throughout his service.  There is no evidence in his military service records and he has not provided evidence that shows his SSN is 261-XX-XXXX.  In the absence of evidence showing a material error or injustice or that he did not use SSN 268-XX-XXXX during his military service, there is no basis upon which to correct his military service 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 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)                                         AR20130020095





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130020095



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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