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ARMY | BCMR | CY2014 | 20140020099
Original file (20140020099.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  7 July 2015    	  

		DOCKET NUMBER:  AR20140020099 


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 Social Security Number (SSN).

2.  The applicant states his SSN is incorrect and he wishes to have his records accurate.

3.  The applicant provides copies of a DD Form 214 (Report of Separation From Active Duty), a SSN card, and a Medicare Card.

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 served on active duty for 1 month and 5 days in 1976.

3.  All documents, including the DD Form 214, in the official military records show a SSN of XXX-XX-1624.

4.  The SSN card and Medicare card show a SSN of XXX-XX-1628.

DISCUSSION AND CONCLUSIONS:

1.  The available record contains no reference to any SSN other than XXX-XX-1624.  The applicant has offered no explanation as to why an incorrect SSN may have been used, considering the fact that he completed several of the documents in his record himself.  Therefore, there is no basis for granting the applicant's requested relief.

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.  

3.  The applicant is advised that a copy of this decisional document will be filed in the official record.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded.

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)                                         AR20140020099



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140020099



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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