IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020724 


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 social security number (SSN) as 064 - # # - # # # #.

2.  The applicant states his identity was stolen and the Social Security Administration issued him a new SSN.

3.  The applicant provides copies of his DD Form 214; DD Form 256A (Honorable Discharge Certificate); Form SSA-2458 (Social Security Benefit Information; and a letter, dated 17 July 2000, from the Social Security Administration.

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 3 September 1964, the applicant was inducted into the Army of the United States.  He was assigned a service number beginning with the letters US.

3.  On 12 August 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

4.  The applicant's DD Form 214, effective 12 August 1968 shows in:

	a.  Item 2 (Service Number): US ## ### ###; and

	b.  Item 32 (Remarks): "SSAN: 581 - # # - # # # #."

5.  Letter Orders Number 08-1047388, dated 26 August 1970, from the Office of the Adjutant General, US Army Administration Center, show the applicant was discharged from the USAR effective 2 September 1970.  The orders show his SSN as 581- # # - # # # #.

6.  The DD Form 256A that was provided by the applicant shows his SSN
as 064 - # # - # # # #.

7.  The Form SSA-2458 provided by the applicant states that in 2000 he was issued a new SSN because his original number belonged to another individual.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. At the time of the applicant's REFRAD, it provided for entry of both the service number and SSAN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show SSN 064 - # # - # # # # because his identity was stolen and he was issued a new number.

2.  The evidence of record clearly shows the applicant served on active duty in the Army of the United States using a military service number.  At the time of his REFRAD, his DD Form 214 was annotated to show SSN 581 - # # - # # # #.  The same SSN was annotated on his Honorable Discharge Certificate in 1970.
3.  After the applicant's discharge from the military, the Social Security Administration determined his SSN belonged to someone else and provided him with a new SSN.  While this was unfortunate it has no bearing on the accuracy of his military records during the time of his active duty service.

4.  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.

5.  The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current SSN 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.

6.  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)                                         AR20100020724



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ABCMR Record of Proceedings (cont)                                         AR20100020724



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