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ARMY | BCMR | CY2014 | 20140012715
Original file (20140012715.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:  12 March 2015	  

		DOCKET NUMBER:  AR20140012715 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-X2-XXXX instead of XXX-X8-XXXX.

2.  The applicant states:

	a.  The SSN he entered the military with was incorrect.  It needs to be corrected to read XXX-X2-XXXX.

	b.  His social security card was washed by mistake and the number 2 looked like an 8 so that was the number recorded on all of his documents upon his entry into the military.

3.  The applicant provides:

* social security card
* letter from the Department of Veterans Affairs, dated 10 February 2014, that shows his SSN as XXX-X8-XXXX

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's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 27 February 1980.  It also shows he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 3 March 1980 for 3 years.  His SSN is shown on this form as XXX-X8-XXXX.

3.  On 13 March 1984, he was discharged.  The DD Form 214 he was issued at that time shows his SSN as XXX-X8-XXXX.

4.  All of his service personnel records show his SSN as XXX-X8-XXXX.

5.  He provided a copy of his social security card that shows his SSN as 
XXX-X2-XXXX.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated 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.  The applicant contends the SSN shown on his DD Form 214 is incorrect.

2.  The evidence of record shows he recorded his SSN as XXX-X8-XXXX when he enlisted in the USAR and subsequently upon his enlistment in the RA in 1980.  He used this SSN exclusively throughout his military service.  His DD Form 214 that shows he was discharged in 1984 records this same SSN.

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 he now desires to record his requested SSN in his military records, there is not a sufficiently compelling reason 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 his military records.  This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and the SSN 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)                                         AR20140012715



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ABCMR Record of Proceedings (cont)                                         AR20140012715



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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