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ARMY | BCMR | CY2001 | 2001063164C070421
Original file (2001063164C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001063164

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Ms. Deborah S. Jacobs Member
Mr. Ronald E. Blakely Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That the Social Security Account Number (SSAN) that appears in his military records and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to a different number.

APPLICANT STATES: In effect, that he did not have a SSAN when he enlisted and that he received a “temporary SSAN.” This SSAN shall hereafter be referred to as SSAN #1. Later, he received his permanent SSAN (hereafter referred to as SSAN #2), but he forgot to tell the Army to make the necessary change. He said that he wants the change made so that he may process Department of Veterans Affairs (VA) claims and receive educational benefits. In support of his application, he submits a copy of his Las Vegas Municipal Police Department (LVMPD) Sheriff’s Card [unarmed security identification card], his LVMPD Non-Gaming identification card, his State of Nevada identification card, Social Security card, and VA identification card. He also submits a letter from his VA caseworker on his behalf.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 26 May 1970 for a period of 3 years. All of his enlistment documents reflect SSAN #1 as his SSAN. On 10 June 1971, the applicant was honorably discharged for the purpose of immediate reenlistment. On 11 June 1971, at Quang Tri Combat Base, Republic of Vietnam, he reenlisted for a period of 6 years. His reenlistment paperwork also reflects SSAN #1 as his SSAN.

Following his reenlistment, the applicant’s conduct was marred by repeated disciplinary infractions. On 10 August 1973, he was discharged from the Army under the provisions of Army Regulation 635-200 by reason of apathy with a general, under honorable conditions discharge. He was credited with 3 years and 8 days of creditable military service. The SSAN on his DD Form 214 was reflected as SSAN #1.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. 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.


2. The evidence of record confirms that the applicant served in the Army using SSAN #1 during his entire period of service. SSAN #1 is listed in the applicant’s enlistment/reenlistment contracts and in the records created upon his enlistment in the Army and maintained throughout his active duty tenure in the Army.

3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In this case, the SSAN recorded in the applicant’s enlistment/reenlistment contracts, the military records created upon his enlistment/reenlistment in the Army, and in all documents published during his active duty tenure in the Army consistently reflects SSAN #1.

4. Lacking independent verification from the Social Security Administration that confirms that the SSAN recorded in the applicant’s Army record was in error at the time it was used, the Board finds no error in the existing Army military records and no basis for changing those records.

5. Finally, the applicant is advised that for clarity purposes, this decisional document along with supporting material will be filed in his Official Military Personnel File (OMPF). This should serve to prevent any confusion created by the difference between SSAN #1 and SSAN #2.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__GDP__ ___DSJ__ __REB__ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001063164
SUFFIX
RECON
DATE BOARDED 20020326
TYPE OF DISCHARGE GD
DATE OF DISCHARGE 19730810
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON Apathy
BOARD DECISION DENY
REVIEW AUTHORITY Director
ISSUES 1. 100.0900
2.
3.
4.
5.
6.


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