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Decision Text

ARMY | BCMR | CY2014 | 20140018705
Original file (20140018705.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:  11 June 2015

		DOCKET NUMBER:  AR20140018705


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, in effect, correction of his personnel and medical records to show the social security number (SSN) listed on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states that his SSN was changed after he enlisted in the Army. His personnel and medical records show two SSN's and he needs all his records to be corrected to show the SSN listed on his DD Form 214.

3.  The applicant provides a DA Form 4187 (Personnel Action), showing his request to change his SSN from XXX-XX-4960 to SSN XXX-XX-1631 was approved on 20 March 1978.

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 29 June 1976, the applicant enlisted in the Regular Army and the following documents show pen and ink corrections were made on the following documents to reflect the SSN he requests:

* DD Form 4 (Enlistment Contract - Armed Forces of the United States) 
* DA Form 2-1 (Personnel Qualification Record)

3.  His records show he used SSN XXX-XX-4960 until it was changed on 
20 March 1978.  Pen and ink changes were made on many of his records predating the SSN change and the new SSN was used after 20 March 1978.

4.  There are no medical records available for review.

5.  He was released from active duty on 5 July 1979 and his DD Form 214 shows the new SSN (XXX-XX-1631).

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on preparation of the DD Form 214.  This regulation has historically stated that item 3 will contain the SSN taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that after the applicant's enlistment he received approval to use a new SSN on his finance records.  This new SSN was used after the approval date.

2.  Although pen and ink changes were made to some of his records that were dated prior to the SSN being changed, those records that were not changed are not incorrect.

3.  The applicant had two SSN's during his period of active service and they applied at different times. 

4.  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.  While it might be understandable that the applicant now desires his record to show his current SSN in the absence of a showing of material error or injustice, there is a reluctance to recommend that his records be changed.


5.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the SSNs listed in his military record.

6.  In view of the above, there is no basis for granting the applicant's requested relief.

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)                                         AR20100023544



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140018705



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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