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ARMY | BCMR | CY2014 | 20140016772
Original file (20140016772.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016772 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her social security number (SSN) as XXX-XX-XXX7 instead of XXX-XX-XXX9.

2.  The applicant states her SSN was mistyped on her DD Form 214.

3.  The applicant provides a letter from the Social Security Administration, dated 25 March 2014.

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 398 (Statement of Personal History), dated 21 June 1969, and her DD Form 4 (Enlistment Contract – Armed Forces of the United States) show her SSN as XXX-XX-XXX9.  She enlisted in the Regular Army on 24 June 1969 for 3 years.  She was honorably discharged on 8 May 1970.

3.  Item 3 (SSN) of her DD Form 214 shows her SSN as XXX-XX-XXX9.

4.  All of her service personnel records show her SSN as XXX-XX-XXX9.

5.  She provided a letter from the Social Security Administration, dated 25 March 2014, that shows her SSN as XXX-XX-XXX7.

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 her DD Form 214 is incorrect.

2.  The evidence of record shows the SSN XXX-XX-XXX9 was recorded when she enlisted in 1969 and was used exclusively throughout her service.  Her DD Form 398, DD Form 4, and DD Form 214 record 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 she now desires to record her current SSN in her 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 her military records.  This should serve to clarify any questions or confusion regarding the SSN recorded on her DD Form 214 and the SSN on file with the Social Security Administration.



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)                                         AR20140016772



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ABCMR Record of Proceedings (cont)                                         AR20140016772



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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