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ARMY | BCMR | CY2014 | 20140008154
Original file (20140008154.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 January 2014

		DOCKET NUMBER:  AR20140008154 


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 records to show his social security number (SSN) as shown on his social security card.

2.  He states his records reflect an incorrect SSN.

3.  He provides two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 29 March 1969 and 23 October 1970.

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 (RA) on 9 August 1966.  His DA Form 41 (Record of Emergency Data) shows an SSN that is different from the SSN listed on his social security card.  He was honorably released from active duty on 29 March 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation.  The DD Form 214 issued for this period shows an SSN that is different from the SSN shown on his social security card.

3.  He enlisted in the RA again on 3 February 1970.  His DD Form 4 (Enlistment Contract- Armed Forces of the United States) shows an SSN that is different from the SSN listed on his social security card.  

4.  All of the documents in his military personnel records consistently show his SSN as it appears on his DD Form 214.  

5.  He was discharged on 23 October 1970.  The DD Form 214 issued for this period of service shows an SSN that is different than the SSN listed on his social security card.  

6.  He provided a copy of his social security card that lists an SSN that is different from the SSN listed in his service record.

7.  Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214.  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.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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.

2.  Although the applicant requests correction of his records to show his SSN as it is shown on his social security card, documents in his military service records show he served on active duty using a different SSN.



3.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have the current SSN documented in his OMPF.

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)                                         AR20140008154





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ABCMR Record of Proceedings (cont)                                         AR20140008154



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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