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ARMY | BCMR | CY2002 | 2002074205C070403
Original file (2002074205C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002074205

         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
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Karen Y. Fletcher Member
Mr. Bernard P. Ingold 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: In effect, that his military records be changed to show his correct Social Security Account Number (SSAN).

APPLICANT STATES: In effect, that the SSAN listed in his discharge orders and the Honorable Discharge Certificate from the United States Army Reserve (USAR) are incorrect. In support of his application, he submits copies of the following documents: discharge orders and Honorable Discharge Certificate from the USAR; a social security estimated benefits form; and his separation document (DD Form 214).

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

On 6 May 1964, the applicant was inducted into the Army of the United States. He continuously served on active duty for 1 year, 11 months, and 24 days, until being honorably released from active duty (REFRAD) and transferred to the USAR on 29 April 1966.

A review of the applicant’s Official Military Personnel File (OMPF) shows that the service number was used as the primary identification number at the time he entered active duty, and this was the identification number listed in his induction paperwork, and in the records, orders, and documents published on him throughout his active duty service.

The DD Form 214 issued to the applicant on the date of his release from active duty (REFRAD) lists his service number in Item 2 (Service Number). In addition, Item 18 (Remarks), lists the applicant’s SSAN. The SSAN listed in the separation document is the same as the one recorded in the orders and discharge certificate the applicant now claims is incorrect. Item 34 (Signature of Person Being Transferred or Discharged) contains the applicant’s signature, which confirms that he verified that the information contained in the separation document was correct at the time it was published.

The applicant provided a copy of his social security benefits statement, which indicates that his current SSAN is different than the one recorded in the remarks section of his DD Form 214, and in the discharge orders and certificate issued by the USAR. However, he has failed to provide any evidence from the Social Security Administration that shows that the SSAN recorded in the documents in question was in error at the time it was entered into those documents or that explains why and when his SSAN was changed to the one he now claims is correct.


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. The Board notes the applicant’s contention that the SSAN contained in his USAR discharge orders and certificate is incorrect. However, it finds insufficient evidence to support this claim.

2. Although the applicant now claims that the SSAN contained in the social security benefits statement he now provides is correct, and the one recorded in his military record is incorrect, he fails to provide an official explanation from the Social Security Administration, or any other source, that explains the use of these duplicate SSANs.

3. The evidence of record contains a properly constituted DD Form 214 that was issued to the applicant upon his REFRAD. This document lists the SSAN that the applicant now claims is incorrect in Item 18 (Remarks). The applicant verified that the information contained in the DD Form 214 was correct at the time it was prepared with his signature in Item 34 (Signature of Person Being Transferred or Discharged).

4. The applicant has failed to provide any independent evidence that suggests the SSAN recorded in his military record was in error at the time the records were created or during the period he performed his military service. In addition, he offers no explanation from the Social Security Administration as to why and when his SSAN was changed, and is now different than the one recorded in his military records.

5. For historical purposes, the Army has an interest in maintaining the accuracy 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. In this case, the applicant has provided no evidence to suggest that the SSAN listed in his records was in error while he was performing his military service, or that maintaining this SSAN in his records would cause him any injustice. Thus, the Board finds insufficient evidence to support granting the requested relief.

6. In order to justify a change to the SSAN recorded in his military record, the applicant must provide evidence from the Social Security Administration that confirms that the SSAN recorded in his military record was in error at the time he performed his military service or that explains the reasons for the SSAN being changed subsequent to his discharge. Further, there must be evidence showing that the Army maintaining its records with the SSAN under which the applicant performed his military service has or would result in some injustice to him.

7. 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

__RWA__ __KYF___ __BPI__ DENY APPLICATION




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




INDEX

CASE ID AR2002074205
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/12/12
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION , DENY
REVIEW AUTHORITY
ISSUES 1. 109.0900
2.
3.
4.
5.
6.



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