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ARMY | BCMR | CY2014 | 20140014621
Original file (20140014621.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014621 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).

2.  The applicant states a typographical error caused the wrong SSN listing on his DD Form 214.

3.  The applicant provides:

* SSN card
* DD Form 214

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 military record contains a DD Form 398 (Statement of Personal History) that was completed during his enlistment processing.  Item 13 (Employment) contains a block for his SSN which he completed by entering the SSN he is claiming is incorrect.

3.  On 7 June 1966, the applicant was inducted into the Army of the United States.  

4.  His military record includes a DD Form 47 (Record of Induction) completed during his induction processing on 7 June 1966.  Item 2 (Service Number) of this document as well as the majority of all documents maintained in his military record list his service number and do not include an SSN.

5.  On 28 May 1968, Headquarters, United States Army Personnel Center, Fort Lewis, Washington, issued Special Orders Number 149, which directed the applicant's release from active duty.  It lists the SSN he claims is incorrect.

6.  On 28 May 1968, the applicant was honorably released from active duty service after completing 1 year, 9 months, and 10 days of total active service.  Item 3 (Social Security Number) of his DD Form 214 shows the SSN he claims is incorrect.

7.  The few documents on file in the applicant's official military personnel file containing his SSN, list the SSN that he claims is incorrect and, when required, he authenticated each of the documents with his signature.  There are no documents in his record showing the SSN he now claims is correct.

8.  The applicant provides a copy of his social security card which lists the number that he claims is correct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record includes a DD Form 398 which shows the SSN he disclosed upon his induction processing is the same SSN that he now claims is incorrect.  His record clearly lists this SSN on the few documents that contained this information throughout his military service, and when required, he authenticated these documents with his signature.

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.  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 that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the 
DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

4.  The applicant is advised that a copy of this decisional document will be filed in her service record.  This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have the SSN shown on the social security card he provides documented in his record.

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)                                         AR20140014621



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ABCMR Record of Proceedings (cont)                                         AR20140014621



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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