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Decision Text

ARMY | BCMR | CY2015 | 20150003406
Original file (20150003406.txt) Auto-classification: Denied
	
	

		BOARD DATE:  22 September 2015

		DOCKET NUMBER:  AR20150003406


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 the last digit of his SSN, as he used while in the Army, is incorrect.  He wants it corrected for identification purposes.

3.  The applicant provides copies of:

* DD Form 214, effective 12 July 1971 (Member Copy 1)
* Social Security Card issued on 20 November 2011

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 25 September 1968, the applicant was appointed as a first lieutenant, Medical Corps, in the U.S. Army Reserve (USAR), using the SSN he now claims to be wrong.  He entered active duty on 13 July 1969 and served until 12 July 1971.  His DD Form 214 shows he was honorably discharged and subsequently resigned his commission.

3.  Without exception, all of the applicant’s inactive and active duty military records show he used the same SSN throughout his service, which shows the last digit different from the SSN he now claims to be correct.

4.  The Social Security Card provided by the applicant shows an SSN with a different last digit then the SSN he used during his military service.

5.  Army Regulation 635-5 (Separation Documents), as then in effect, required the SSN to be entered in Item 3 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as indicated on his application and social security card.

2.  The evidence of record clearly shows the applicant originally served in the USAR using an SSN slightly different from what he now claims to be correct.  The applicant consistently used the SSN listed on his DD Form 214 during his entire period of inactive and active duty service.

3.  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.

4.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his official military personnel file.  This should serve to clarify any questions or confusion regarding his SSN, and satisfy his desire to have his current SSN documented in his record.

5.  In view of the above, the applicant’s request should be denied.



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)                                         AR20130002706



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20150003406



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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