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ARMY | BCMR | CY2014 | 20140003854
Original file (20140003854.txt) Auto-classification: Denied

		

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140003854 


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 her military service records to show her social security number (SSN) as "XXX-06-X5XX" instead of "XXX-45-X6XX."

2.  The applicant states the recruiter recorded the wrong SSN in her military service records and she was unaware that she could correct it.

3.  The applicant provides copies of her –

* Social Security card 
* Louisiana Driver's License
* Department of Veterans Affairs (VA) Identification (ID) card
* Standard Form (SF) 88 (Report of Medical Examination), 20 October 1983
* SF 93 (Report of Medical History), 14 April 1993

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.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States), prepared by the applicant on 19 October 1983 and certified by her on 
28 February 1984, shows in section I (Personal Data), item 1 (SSN), and in the header of pages 2 through 8, the entry "XXX-45-X6XX."  It also shows in the header of several pages that the applicant made pen and ink corrections to the SSN that she had recorded as "XXX-06-X5XX" and she placed her initials next to the corrections.  In addition, she placed her signature on the document.

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows she enlisted in the U.S. Army Reserve on
23 November 1983 for a period of 6 years and that she further enlisted in the Regular Army (RA) on 28 February 1984 for a period of 4 years.  The DD Form 4 shows the entry "XXX-45-X6XX" in item 2 (SSN) and that the applicant placed her signature on the document on 23 November 1983 and 28 February 1984.

4.  On 13 November 1985, the applicant requested a name change due to marriage from "B--d" to "B---n."  Her request shows the SSN "XXX-45-X6XX."

5.  The applicant reenlisted in the RA on 4 September 1987 and on 28 January 1991.  The two DD Forms 4 she signed show her SSN as "XXX-45-X6XX."

6.  Documents in the applicant's military personnel records consistently show her SSN was recorded as ""XXX-45-X6XX" throughout the period of her service.

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably discharged on 26 April 1993.  It also shows the entry "XXX-45-X6XX" in item 3 (SSN).

8.  In support of her application the applicant provides the following documents:

* Social Security card showing the SSN as "XXX-06-X5XX" with the last name "B--d" (the date of issue is not shown and the card is not signed)
* Louisiana Driver's License with the last name "B—d," issued on 23 April 2012 (it does not show a SSN)
* VA ID card that shows the last name "B---n" (no other information)
* SF 88, dated 20 October 1983, with the SSN "XXX-45-X6XX"
* SF 93, dated 14 April 1993, with the SSN "XXX-45-X6XX"

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Section III contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  Records show that upon entry into the U.S. Armed Forces in 1983 the applicant reported her SSN as it is listed on her DD Form 214.  In addition, the SSN she reported as her SSN was consistently recorded in her military service records and on her DD Form 214.

2.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to her SSN is insufficient to warrant changing her military records and separation document.

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 no basis 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 her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in her military record and to satisfy her desire to have her correct SSN documented in her OMPF.

5.  In view of the foregoing, there is no basis for granting the requested relief.


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.

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ABCMR Record of Proceedings (cont)                                         AR20140003854



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