IN THE CASE OF:	  

		BOARD DATE:	       21 April 2009

		DOCKET NUMBER:  AR20080019367 


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 that his records be corrected to show his Social Security Number (SSN) as XXX-27-80XX.

2.  The applicant states, in effect, that he was made aware of the error when he was attempting to obtain medical treatment from the Department of Veterans Affairs (VA).

3.  The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), his Social Security Card, and his driver's license.

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 entered active duty in the Regular Army on 22 March 1974 under the temporary SSN 910-XX-XXXX.

3.  At some point, between August and December 1974, the applicant's SSN was changed to XXX-22-45XX.  From this point forward all documents bearing the SSN show XXX-22-45XX.

4.  The record does not contain any documentation specifically addressing the change of the SSN.

5.  On 29 October 1975, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.  The DD Form 214 lists his SSN as XXX-22-45XX.

6.  The driver's license and Social Security Card provided by the applicant show the SSN XXX-27-80XX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served first under the temporary SSN 910-XX-XXXX and then under XXX-22-45XX.  At no time do his records show use of the SSN 
XXX-27-80XX.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  The applicant has failed to establish a basis for compromising the integrity of the Army's records.  However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional SSN issued will be on hand to clarify any questions that may arise.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080019367



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019367



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1