RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 January 2005
      DOCKET NUMBER:  AR20040001324


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show his
correct social security number (SSN) of ___-__-5539.

2.  The applicant states that a typographical error was made on his
records.

3.  The applicant provides a copy of his Social Security card; an SSN
Verification Printout from the Social Security Administration dated 16
March 2004; his NGB Form 22 (Report of Separation); correspondence to and
from the Wisconsin Army National Guard requesting a copy of his records; a
Wisconsin National Guard Individual Record; an NGB Form 23 (National Guard
Bureau Retirement Credits Record); a DD Form 214 (Armed Forces of the
United States Report       of Transfer or Discharge); a DA Form 24 (Service
Record); and a DA Form       20 (Enlisted Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel requests that the applicant's case be considered.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1970.  The application submitted in this case is
dated 27 October 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records which consist of the
documents provided by the applicant.

4.  The applicant enlisted in the Army National Guard on 14 September 1964.


5.  The applicant served on initial active for training from 30 May 1965
through  23 October 1965.  His DD Form 214 for this period, item 32
(Remarks) shows his SSN as ___-__-5639.  He signed his DD Form 214 in item
34 (Signature of Person Being Transferred or Discharged).

6.  The applicant's DA Form 24 shows his SSN as ___-__-5639.  His DA Form
20, which he signed on 11 November 1967 and reviewed in October 1969, shows
his SSN as ___-__-5639.  His Wisconsin National Guard Individual Record
shows his SSN as ___-__-5639.

7.  The applicant was honorably discharged from the Army National Guard on
 13 September 1970.  His NGB Form 22 shows his SSN as ___-__-5639 in item
2 (Service No.)  He signed his NGB Form 22 in item 33 (Signature of Person
Being Discharged).

8.  The applicant provided a copy of his Social Security Card and an SSN
Verification Printout wherein the Social Security Administration noted
their records indicated that SSN ___-__-5539 is assigned to the applicant.
This printout does not state when the SSN was assigned to the applicant.

9.  Army Regulation 600-2 (Name and Birth Data, Social Security Account
Number, and Temporary Identification Number), version effective 1 July
1969, announced the use of the SSN in lieu of military service numbers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract is not available, so it cannot be
determined what, if any, SSN was indicated on his enlistment contract.
However, all the available records show that his SSN was listed as ___-__-
5639 and that the applicant verified his SSN as ___-__-5639 on some of
those documents.

2.  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 the absence of a showing
of material error or injustice and verification from the Social Security
Administration that SSN ___-__-5539 was assigned to the applicant before
his enlistment in the Army National Guard, this Board is reluctant to
recommend that those records be changed.

3.  Although the applicant’s SSN is currently ___-__-5539, he appropriately
served in the Army National Guard with the SSN of ___-__-5639.  While the
Board understands the applicant’s desire to have the records changed, it
finds no basis for compromising the integrity of the Army’s records.  This
Board action will be filed in his military records so a record of his SSN
will be on hand.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1970, the date he was
discharged from the Army National Guard; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 12 September 1973.  However, the applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kah___  __rd___     __jbg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ___Karen A. Heinz_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001324                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050104                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.09                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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