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ARMY | BCMR | CY2015 | 20150001129
Original file (20150001129.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150001129 


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 his social security numbers (SSN) 505-xx-xxxx and 525-xx-xxxx be merged.

2.  The applicant states, in effect, the Social Security Administration gave him two different SSNs when he was young.  

3.  The applicant provides his:

* Indiana Identification Card, issued on 20 December 2013
* social security 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.  On 28 April 1980, he enlisted in the New Mexico Army National Guard (NMARNG).  

3.  His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his SSN as "505-xx-xxxx."

4.  His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows his SSN as "505-xx-xxxx."  Item 40e (Social Security Account Number) indicates his recruiter verified his SSN by his social security card.

5.  His DA Form 2-1 (Personnel Qualification Record) shows his SSN as 
"505-xx-xxxx."

6.  On 16 August 1980, he was released from initial active duty for training and returned to his NMARNG unit.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 August 1980 shows his SSN as "505-xx-xxxx."

7.  On 1 May 1982, he was discharged from the NMARNG by reason of unsatisfactory participation.  His National Guard Bureau Form 22 (National Guard Bureau Report of Separation and Record of Service) with an effective date of 
1 May 1982 shows his SSN as "505-xx-xxxx."

8.  On 11 August 1986, he was discharged from the U.S. Army Reserve (USAR). His SSN on his discharge orders is shown as "505-xx-xxxx."

9.  There are no documents in his official military personnel file (OMPF) showing his SSN as "525-xx-xxxx."

10.  The social security card he provided shows his SSN as "525-xx-xxxx."

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation stated the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  His enlistment documents, documents throughout his OMPF, his 
DD Form 214, and his discharge documents from the NMARNG and the USAR all show his SSN as "505-xx-xxxx."

2.  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 the applicant desires to record the SSN that he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military 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)                                         AR20150001129



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ABCMR Record of Proceedings (cont)                                         AR20150001129



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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