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ARMY | BCMR | CY2003 | 2003085995C070212
Original file (2003085995C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF: .
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER AR2003085995

         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
Ms .Yvonne J. Foskey Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Curtis L. Greenway Member
Mr. Ronald J. Weaver 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) contained in his military records be corrected.

APPLICANT STATES: The applicant provides no argument in support of his application. However, he does provide copies of his separation document
(DD Form 214), social security card, and veterans universal access identification card in support of his application.

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

On 29 December 1979, the applicant enlisted in the Regular Army. The enlistment contract (DD Form 4) prepared on him upon his enlistment contains that SSAN he now claims is incorrect.

This SSAN listed in the applicant’s enlistment contract is also recorded in the Personnel Qualification Record (DA Form 2-1) that was created upon his entry on active duty 3 January 1980, and which he last reviewed 29 September 1981.

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 contain the same SSAN contained in the applicant’s enlistment contract and Personnel Qualification Record, which he used throughout his tenure on active duty.

On 1 October 1982, the applicant was honorably released from active duty after completing a total of 2 years, 9 months, and 3 days of active military service. The separation document (DD Form 214) issued to and authenticated by him on the date of his separation lists the same SSAN that was recorded in his enlistment contract, in his personnel record, and in all documents and orders prepared during his active duty tenure.

In support of his application, the applicant provides a copy of a social security card which lists a SSAN that is different from the one recorded in his military records. He also provides a copy of his veterans universal access identification card that also lists this different SSAN that 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 listed in his military records and on his 1 October 1982 DD Form 214 should be changed. However, it finds insufficient evidence to support this claim. Although the applicant now claims that the SSAN 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.

2. The evidence of record clearly shows that the applicant’s active duty service was performed under the SSAN he now claims was in error. This SSAN is also the one recorded in his enlistment contract, the military records prepared on him upon his entry on active duty, and in orders and documents prepared on him throughout his tenure on active duty. Further, the record shows that the applicant authenticated many of these records and documents with his signature, thereby verifying that the information contained therein, to include the SSAN, was correct at the time they were prepared and issued.

3. 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 1 October 1982 separation document should not be changed.

4. However, for clarity purposes this decisional document, along with the supporting material provided by the applicant, will be filed in his Official Military Personnel File (OMPF). This should serve to resolve any questions related to the duplicate SSANs used by the applicant.

5. 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

__LS__ _RJW___ __CLG__ DENY APPLICATION




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




INDEX

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


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