BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100013218 


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 reconsideration of his earlier request that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his social security number (SSN) as ***-**-4663 instead of 
***-**-0408. 

2.  He states the following:

   a.  The Social Security Administration has issued a Form SSA-2458 (Report of Confidential Social Security Benefit Information) substantiating the assignment and use of his correct SSN of ***-**-4663.
   
   b.  He was consistently identified as J---- W------ V-------, Jr. by his correct service number of US** ***077 throughout his military service.
   
   c.  He has an affidavit from a U.S. Army Soldier who identified him as a fellow 
U.S. Army Soldier at Bien Hoa in the Vietnam War during the 1965 to 1966 timeframe.

   d.  Paragraphs 9 and 10 of the previous Record of Proceedings regarding "Army Reserve correction and the use of SSN ***-**-4663 for J---- W------ V-------, Jr. are in alignment with Social Security Administration statement for corrected SSN during time of military service."

	e.  The era of service war time was extremely stressful.  With the sudden death of his mother, many things at home remained in disarray as he and his father tried to learn how to forge on without her.  

3.  He provides the following documents:

* Form SSA-2458
* Affidavit from a former fellow Soldier
* DD Form 214
* Previous Record of Proceedings, dated 4 March 2010

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013810 on 4 March 2010.  

2.  The applicant submitted as new evidence a copy of a Form SSA-2458, an affidavit from a former fellow Soldier, and new arguments that will be considered by the Board.  

3.  His Form SSA-2458, issued by the Social Security Administration on 30 March 2010, shows that he, J---- W------ V-------, Jr. has been the only holder of the SSN of ***-**-4663 since the initial application in March 1959.  

4.  In the affidavit from his former fellow Soldier, he attested:

* He and the applicant were both volunteer fire-fighters at Silver Hill Volunteer Fire Department prior to being inducted into the U.S. Army
* He witnessed the applicant’s presence as a U.S. Army Soldier in the Province of Bien Hoa in Vietnam during 1965 to 1966 timeframe

DISCUSSION AND CONCLUSIONS:

1.  In the original case it was noted that the evidence of record shows the applicant used SSN ***-**-0408 during his period of active service.  Evidence previously submitted by the applicant shows he now uses SSN ***-**-4663.



2.  The Form SSA-2458 is the only document available that shows his SSN as 
***-**-4663.  This document alone is insufficient to verify which SSN was used during his period of enlistment and throughout the time that he served.  For that reason, the presumption of regularity must be applied in this case.

3.  Therefore, the overall merits of the case, including his social security card, are insufficient as a basis for reversing the previous decision.

4.  He is advised that a copy of this decisional document along with his previous case and the supporting evidence he provided will be filed in his military personnel records.  This should serve to clarify any questions or confusion in regards to the difference in the SSN recorded in his military records.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090013810, dated 4 March 2010.




      _______ _   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)                                         AR20100013218





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ABCMR Record of Proceedings (cont)                                         AR20100013218



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