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ARMY | BCMR | CY2004 | 20040006097C070208
Original file (20040006097C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040006097


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show his correct
social security number (SSN).

2.  The applicant states that the correct social security number is not
reflected on his DD Form 214 and should be shown as XXX-XX-0474 instead of
XXX-XX 0485.

3.  The applicant provides a copy of his social security card from the
Social Security Administration and identification card from the Department
of Veterans Affairs (DVA).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 September 1970, the date of his separation from active duty.
 The application submitted in this case is dated 26 July 2004.

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 limitations 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 was inducted into the Army of the United States on
17 September 1968.  The applicant's Record of Induction shows that he was a
citizen of Italy at the time of his enlistment.  Orders Number 185, Armed
Forces Examining and Entrance Station, Fort Hamilton, New York, dated 17
September 1968, assigning him to active duty, shows his SSN was not
available and his service number was listed in place of an SSN.

4.  Orders Number 094-177, Headquarters, U.S. Army Infantry Center, Fort
Benning, Georgia, dated 22 September 1970, released the applicant from
active duty on 23 September 1970 and transferred him to the U.S. Army
Reserve Control Group.  These orders show his SSN as "XXX-XX-0485."



5.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows
his social security number as "XXX-XX-0485" and was authenticated in his
own hand at the time of his separation from active duty.  Documents in his
service personnel records show his SSN as "XXX-XX-0485.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his
SSN as "XXX-XX-0485."

7.  The applicant signed an affidavit dated 23 September 1970.  This
document shows that the applicant acknowledged that the entries made on his
separation papers were correct.  This document shows the applicant's SSN as
XXX-XX-0485.

8.  The applicant provided a copy of his social security card and DVA card
which both show his SSN as XXX-XX-0474.

9.  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.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  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, the Board is reluctant to recommend that
those records be changed.

2.  Although it appears that the applicant has been issued a new SSN shown
as "XXX-XX-0474" on his social security card, he served on and was released
from active duty in the Regular Army with his SSN shown as "XXX-XX-0485."
The applicant's desire to have the records changed is understandable;
however, he has provided no basis for compromising the integrity of the
Army's records.  This Board action will be filed in his military records so
an additional record of his social security number will be on hand.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kwl___  __drt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                        Raymond J. Wagner
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006097                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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