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ARMY | BCMR | CY2014 | 20140000419
Original file (20140000419.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140000419 


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 the social security number (SSN) entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his SSN is XXX-XX-9XXX, but his DD Form 214 shows his SSN as "XXX-XX-4XXX."

3.  He provides copies of his commercial driver's license and his social security card.

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 12 November 1965, the applicant enlisted in the Regular Army.  He was assigned an Army service number (ASN) as the primary source of identification.

3.  On 7 June 1968, he completed a DD Form 398 (Statement of Personal History).  He did not enter his SSN in the block provided.

4.  On 4 November 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, issued Special Orders Number 309 releasing him from active duty effective the date of the orders.  The orders show his SSN as "XXX-XX-4XXX."

5.  On 4 November 1968, he was honorably released from active duty as ordered and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX XX 4XXX."

6.  On 27 October 1971, the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, issued Letter Orders Number 10-1245043 honorably discharging him from the USAR effective 11 November 1971.  The orders show his SSN as "XXX-XX-4XXX."

7.  Review of his military service records failed to reveal any documents showing his SSN was recorded as XXX-XX-9XXX during his military service.

8.  The available records do not include a DA Form 2139 (Military Pay Voucher).

9.  He provides his social security card, dated 6 August 2009, which shows his SSN is XXX-XX-9XXX.  

10.  When the applicant entered active duty, Soldiers were identified by an ASN.  The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.

11.  Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was not aware of his correct SSN during his military service and the SSN shown on his social security card was never recorded in his military records.

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 record the SSN shown 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.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and that 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 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)                                         AR20140000419





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ABCMR Record of Proceedings (cont)                                         AR20140000419



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