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ARMY | BCMR | CY2002 | 2002074879C070403
Original file (2002074879C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002074879

         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher 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 the Social Security Account Number (SSAN) and education level listed in his separation document (DD Form 214) be corrected.

APPLICANT STATES: In effect, that the SSAN listed in his records is incorrect and that the education level of 11 years contained in Item 20 (Highest Education Level Successfully Completed-In Years) of his DD Form 214 should be corrected to read 12 years because he graduated with a GED. In support of his application, he provides a copy of his social security card and his separation document.

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

On 12 July 1976, the applicant enlisted in the United States Army Reserve (USAR). His Enlistment Contract (DD Form 4) contains the SSAN he now claims is incorrect.

On 18 July 1976, he entered active duty to attend basic and advanced individual training (AIT). Upon completion of AIT he was returned to his USAR unit in Puerto Rico for duty. The applicant’s separation document (DD Form 214) issued to him upon the completion of his active duty for training on 4 December 1976, and Personnel Qualification Record (DA Form 2-1), which was created on 10 December 1976, both list the SSAN he now claims is incorrect.

On 26 September 1978, Orders Number 184-11, issued by Headquarters, First United States Army, Fort George G. Meade, Maryland, ordered the applicant to active duty on 13 November 1978, for a period of 19 months, and 27 days. The SSAN recorded in these active duty orders is the same as the one recorded in his original DD Form 4 and in his DA Form 2-1.

All orders, documents, and other information on file in the applicant’s Military Personnel Records Jacket (MPRJ), many of which were authenticated by the applicant with his signature, also all contain the same SSAN contained in the applicant’s enlistment contract and Personnel Qualification Record, which he used throughout his military service tenure.

On 23 April 1979, the applicant was honorably released from active duty after completing a total of 9 months and 14 days of active military service. The
DD Form 214 issued to him on the date of his separation lists the same SSAN that was recorded in the enlistment contract and all his personnel records in
Item 3 (Social Security Number), and 11 years in Item 20 (Highest Education Level Successfully Completed-In Years). The applicant signed this document in Item 29 (Signature of Person Being Separated), thereby confirming that the information contained therein. In addition, there is no indication that he ever questioned the SSAN or education level entered in this separation document.
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 and education level listed in his 23 April 1979 DD Form 214 are incorrect. However, it finds insufficient evidence to support this claim.

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

3. In addition, the applicant signed the separation document in question, thereby verifying that the information contained in the DD Form 214 in question was correct at the time it was prepared and issued, and the Board presumes government regularity in the preparation of this document. The applicant has failed to provide any evidence with his application that would cause the Board to question this presumption of regularity, or that suggests that the education level entry was in error at the time the DD Form 214 was prepared. Thus, the Board finds insufficient evidence to support this requested relief.

4. In addition, the evidence of record further shows that the applicant’s military service was performed under the SSAN he now claims was in error, and that this SSAN was the one recorded in his enlistment contract, the military records prepared on him upon his entry into the Army, and in orders and documents prepared on him throughout his military service tenure, many of which he authenticated with his signature.

5. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the Board concludes that the SSAN contained in the applicant’s military records and in his 24 April 1979 separation document should not be changed.

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

__RVO_ __RJW___ ___KYF__ DENY APPLICATION




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




INDEX

CASE ID AR2002074879
SUFFIX
RECON
DATE BOARDED 2002/09/26
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1979/04/23
DISCHARGE AUTHORITY AR 635-200 C5
DISCHARGE REASON EDP
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 10 100.0900
3.
4.
5.
6.



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