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ARMY | BCMR | CY2014 | 20140007124
Original file (20140007124.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140007124 


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 her social security number (SSN) be corrected to 
XXX-XX-38XX on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 November 1989.

2.  The applicant states there was an oversight when she entered the military and the sixth and seventh numbers of her SSN were transposed.

3.  The applicant provides:

* DD Form 214
* 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 30 September 1985, she enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program.  On 26 November 1985, she enlisted in the Regular Army for 4 years.  Her DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows her SSN as XXX-XX-83XX.

3.  Her DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows her SSN as XXX-XX-83XX.  Item 40 (Data Verification by Recruiter) shows her recruiter verified her SSN using a pay receipt.

4.  Her DA Form 2-1 (Personnel Qualification Record) shows her SSN as XXX-XX-83XX.

5.  All of the documents in her Military Personnel Records Jacket (MPRJ) for the period she was in the Regular Army show her SSN as XXX-XX-83XX.

6.  On 25 November 1989, she was released from active duty.  Her DD Form 214, containing her signature, shows her SSN as XXX-XX-83XX.

7.  The social security card she submitted shows her SSN as XXX-XX-38XX.

8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Although the social security card she submitted shows her SSN as XXX-XX-38XX, all of her active duty records in her MPRJ show her SSN as XXX-XX-83XX.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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.  There is a reluctance to recommend that those records be changed.

3.  The applicant is advised that a copy of this decisional document will be filed in her military records.  This should serve to clarify any questions or confusion in regard to the difference between the SSN recorded in her military records and that shown on her 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)                                         AR20140007124





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140007124



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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