RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040007673


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be amended to show his social
security account number (SSAN).

2.  The applicant states that when he enlisted he had lost his social
security card and the Army gave him a temporary identification number
(TIN).  Upon his discharge, his old card was found and that SSAN was
assigned.

3.  The applicant provides a printout from the Social Security
Administration.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   4 November 1971.  The application submitted in this case is
dated 16 September 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 enlisted in the Regular Army on 5 January 1970.  His
enlistment contract and all Regular Army documents (to include Army Good
Conduct Medal orders) in his records contain a TIN of 9__-__-____.  He was
released from active duty on 4 November 1971 and transferred to the U. S.
Army Reserve.  Item 3 (Social Security Number) of his DD Form 214 contains
his TIN of 9__-__-____.  (The Army Good Conduct Medal is not listed on the
DD Form 214.)

4.  The first document to list the applicant's SSAN is a computer punchcard
from his U. S. Army Reserve service dated 1 January 1972.

5.  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 SSAN in lieu of military service numbers.  A
TIN would be issued during the pre-enlistment processing for entrance into
the active Army to those individuals who did not have an SSAN.  Upon
receipt of an SSAN, the TIN entry on all records would be lined out and the
SSAN would be entered.
6.  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.  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, this Board is reluctant to recommend that
those records be changed.

2.  The applicant did not have his SSAN card when he enlisted and he was
issued a TIN.  He served under the TIN during his entire Regular Army
service and he was released from active duty on 4 November 1971 under his
TIN.  It appears his SSAN card did not resurface until on or about 2
January 1972.

3.  While the Board understands the applicant’s desire to have his DD Form
214 changed, that document was a record of his active duty service.  The
Board finds no basis for compromising the integrity of the Army’s records
of his period of active duty.  However, this Board action will be filed in
his military records so a record of his SSAN will be on hand.

4.  It was discovered while reviewing his records for information
pertaining to his SSAN that the applicant had been awarded the Army Good
Conduct Medal.  It was also noted that the Army Good Conduct Medal was not
listed on his DD Form 214 but should have been.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     3 November 1974.  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.

6.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  _phm___  __lmd___  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.

3.  The Board determined that an administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the DD Form 214 of the individual
concerned to add the Army Good Conduct Medal.




            __Margaret K. Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007673                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|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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