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Decision Text

ARMY | BCMR | CY2003 | 2003087417C070212
Original file (2003087417C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003087417


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

Mr. Carl W. S. Chun Director
Mr. Luis Almodova. Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas E. O’Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that all his records, to include his DD Form 214, Report of Separation from Active Duty, and his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, be corrected to show his correct social security account number.

3. The applicant states, in effect, that his social security account number in his records and on his DD Form 214 and his NGB Form 22 is incorrect.

4. The applicant provided certified copies of his DD Form 4, Enlistment Contract, Armed Forces of the United States; DD Form 214, Report of Separation from Active Duty; DD Form 714, Meal Card; DA Form 20, Enlisted Qualification Record; DA Form 2-1, Personnel Qualification Record, Part II; NGB Form 21, Statement for Enlistment in the National Guard; NGB Form 21b, Certificate and Acknowledgement of Service Requirements; NGB Form 22, National Guard Bureau Report of Separation and Record of Service; NGB Form 22A, Correction to NGB Form 22; NGB Form 23, Army National Guard Retirement Credits Record; Standard Form 93, Report of Medical History; Standard Form 601, Immunization Record; two copies of DA Form 2166-5, Enlisted Evaluation Report; and a copy of his social security account number card in support of his application for correction of military records.

5. The applicant enlisted in the Army National Guard of the State of Texas on 17 January 1975. On the date of his enlistment, the SSAN given by the applicant was ***-**-2823. This number was entered in Item 1 (Service No./SSAN) of the DD Form 4, Enlistment Contract – Armed Forces of the United States. Most documents in his records show his SSAN as ***-**-2823.

6. The first six numbers of both social security account numbers, the one the applicant claims to be correct and the one the applicant claims to be incorrect are the same. The last four digits appear to have been transposed in pairs.

7. The applicant was ordered to perform active duty for training and did so during the period 16 May 1975 through 23 September 1975. He was released from active duty for training and returned to the control of the Texas Army National Guard. The DD Form 214 prepared to document this service shows, in Block 3 (Social Security Number) ***-**-2823.

8. The applicant was honorably discharged from the Texas Army National Guard on 16 January 1982, in the rank and pay grade, Sergeant, E-5. His NGB Form 55 shows the SSAN ***-**-2823 in Block 3 (Social Security Number).


9. All documents, with exception of the meal card, the social security account number card, report of medical history, the immunization record, and one enlisted evaluation report, show his SSAN as ***-**-2823. The immunization record shows both numbers; one handwritten and one embossed with a standard nameplate.

10. The applicant provided verification from the Social Security Administration showing their records show that the number ***-**-2328 is assigned the applicant.

11. There is no evidence in the applicant's service personnel records that he reported, to military personnel officials, while he served in the Texas Army National Guard or on active duty for training, that the social security account number was erroneous prior to his release from active duty and his discharge.

12. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or
control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states that the social security account number will be verified from the individual's personnel qualification record.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the SSAN recorded in his military records and in documents prepared and published throughout his service is incorrect. The applicant's contention has merit.

2. The applicant provided verification from the Social Security Administration showing that their records show the number ***-**-2328 is assigned to the applicant. It would be appropriate to change the number shown on all Army records to show the correct social security account number and in particular on his DD Form 214 and his NGB Form 55.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by

a. correcting Block 3 of the applicant's DD Form 214 to show ***-**-2328, and


         b. that insofar as records of the Texas Army National Guard are concerned, the Army Board for the Correction of Military Records recommends that the Adjutant General of the State of Texas correct all records related to this case by correcting all National Guard records pertinent to the individual and in particular, Block 3 of the NGB Form 22 that was issued the applicant on his separation from the Army National Guard of Texas on 16 January 1982.

BOARD VOTE:

__wtm___ __teo ___ _mkp ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____M. K. Patterson______
                  CHAIRPERSON




INDEX

CASE ID AR2003087417
SUFFIX
RECON
DATE BOARDED 2003/07/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 10 100.0900
3.
4.
5.
6.



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