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ARMY | BCMR | CY2013 | 20130020253
Original file (20130020253.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130020253 


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) and DD Form 256A (Honorable Discharge Certificate) to show his social security number (SSN) as 
"574-XX-XXXX" instead of "570-XX-XXXX."

2.  The applicant states his SSN is incorrect on both forms.

3.  The applicant provides:

* DD Form 214
* DD Form 256A
* social security card
* Veterans Administration (VA) Certificate of Eligibility for Loan Guaranty Benefits

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 completed a DD Form 398 (Statement of Personal History) prior to his enlistment in the U.S. Army Reserve (USAR).  This form lists his SSN as "570-XX-XXXX."

3.  On 26 February 1967, the applicant enlisted in the USAR Delayed Entry Program (DEP) for an 8-year period with subsequent enlistment in the Regular Army not later than 9 January 1968.  On 8 January 1968, he was honorably discharged from the USAR DEP for immediate enlistment in the Regular Army.  On 9 January 1968, he enlisted in the Regular Army for a period of 3 years.

4.  The DD Forms 4 (Enlistment Record – Armed Forces of the United States) which were prepared during the applicant's USAR DEP and Regular Army enlistment process show his SSN as "570-XX-XXXX."  He authenticated the forms by placing his signature in the appropriate block.

5.  His DA Form 20 (Enlisted Qualification Record) shows his SSN as 
"570-XX-XXXX."

6.  No documents in his records show he used the requested SSN during his military service.

7.  On 15 August 1970, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as "570-XX-XXXX."

8.  The applicant provided a copy of his social security card and VA Certificate of Eligibility for Loan Guaranty Benefits which show his SSN as "574-XX-XXXX."  He also provided a copy of his DD Form 214 and Honorable Discharge Certificate which show his SSN as "570-XX-XXXX."

9.  The applicant's DA Form 2139 (Military Pay Voucher) is not available for review.

10.  Army Regulation 635-5 (Separation Document), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 and Honorable Discharge Certificate to show his SSN as "574-XX-XXXX" instead of 
"570-XX-XXXX" was carefully considered.

2.  There is nothing in his records to show he used the requested SSN and he has not provided evidence showing he used the requested SSN while serving on active duty.

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 a different SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant him relief in this case.

5.  However, a copy of this decisional document will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN shown on his social security card.

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)                                         AR20130020253



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ABCMR Record of Proceedings (cont)                                         AR20130020253



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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