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ARMY | BCMR | CY2004 | 20040007749C070208
Original file (20040007749C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 June 2005
      DOCKET NUMBER:  AR20040007749


      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:

|     |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 that his social security number (SSN) on his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) be corrected to read 293-__-____.

2.  The applicant states that his SSN is 293-__-____, not 203-__-____.

3.  The applicant provides a letter, dated 20 September 2004, from his
County Veterans Services office; his DD Form 214; a copy of his Ohio driver
license issued on 9 July 2002; and a medical insurance card.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred      on 7 September 1966.  The application submitted in this case
is dated               20 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 12 September 1963.  His
SSN is not listed on his enlistment contract or any documents from his
Regular Army service.

4.  On 7 September 1966, the applicant was released from active duty and
transferred to the U. S. Army Reserve (USAR).  Item 32 (Remarks) of his DD
Form 214 lists his SSN as 203-__-____.  Several documents from his USAR
service show his SSN as 203-__-____.  He was discharged from the USAR on 31
August 1969.  His discharge orders show his SSN as 203-__-____.

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 SSN in lieu of military service numbers.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted, and throughout the period he served, in
the Regular Army the SSN was not used as an identification number for
Soldiers.  No document dating from his Regular Army service confirms that
his SSN was (or was not), 293-__-____ at the time.  The only documents that
contain an SSN are a few dating from his USAR service, and they show his
SSN as 203-__-____.

2.  The Board acknowledges that the Ohio driver license and medical
insurance card provided by the applicant show his SSN as 293-__-____.
However, in the absence of documentation from the Social Security
Administration confirming that the applicant's SSN has always been, or at
least from 7 September 1966 has been, 293-__-____, these documents are
insufficient evidence to show that the SSN on his DD Form 214 is incorrect.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 September 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      6 September 1969.  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

__ryw___  __kwl___  __drt___  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.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007749                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|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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