RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040008320


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |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 military record be changed to show that
his Social Security Number (SSN) has been changed.

2.  The applicant states, in effect, that although he served under xxx-xx-
7483 he was notified that he had not been assigned this number and that he
was issued a new SSN, xxx-xx-4390.  He states that the two different
numbers are creating confusion in computing his benefits.

3.  The applicant provides copies of his 1991 DD Form 214 (Certificate of
Release or Discharge from Active Duty), a 1998 United States Postal Service
(USPS) Notification of Personnel Action, a 1998 Social Security
Administration (SSA) Request for Employee Information, and page one of a
1998 SSA Earnings Record Information Sheet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 September 1998, the date he was notified of the SSN error by
the SSA.  The application submitted in this case is dated 4 October 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’s record shows he entered active duty on 24 September
1985 serving until 24 October 1991 when he was discharged due to physical
disability with severance pay.

4.  All of the records and documents in the applicant's Official Military
Personnel File list his SSN as xxx-xx-7483.  The source document for this
SSN is not of record.

5.  The record indicates that, following his release from active duty, the
applicant worked for a private company and then for two or three different
Government agencies.
6.  On 13 July 1998, the SSA contacted the applicant indicating that there
was a discrepancy in the information reported by the USPS and their
records.

7.  A 30 August 1998 SSA Earnings Record Information, under SSN xxx-xx-
4390, lists the applicant’s periods of employment and amounts earned,
including his period of military service.  One of the notations, under his
military service, is the exact amount of money he received as severance
pay.

8.  On 8 September 1998, the SSA notified the applicant that the SSN xxx-xx-
7483 had never been assigned to him.  The SSA issued him a new SSN of xxx-
xx-4390 at that time.

9.  On 7 October 1998, the USPS issued a PS Form 50 (Notification of
Personnel Action) notifying the applicant that the SSA had determined that
the SSN xxx-xx-7483 had not been assigned to him and that the SSA had
assigned him a new SSN, xxx-xx-4390.  The PS Form 50 indicates this new SSN
was retroactive to his date of hire, 29 October 1994.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted and served under the SSN of xxx-xx-7483.  It was
not until 1998 that the SSA determined that this SSN had not been issued to
the applicant and he was issued the new SSN xxx-xx-4390.  The available
information indicates that the SSA has credited him with his earnings as
reported under the SSN xxx-xx-7483.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The information contained therein should reflect
the conditions and circumstances that existed at the time the records were
created and under which the military service was performed.  Therefore, the
SSN contained in the applicant's military records and on his 24 October
1991 separation document should not be changed.

3.  However, for clarity purposes this decisional document, along with the
supporting material provided by the applicant, will be filed in his
Official Military Personnel File (OMPF).  This should serve to resolve any
questions related to the change in SSNs used by the applicant.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 September 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 September 2001.  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

__LCB___  __WDP _  __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.




                                  __     William D. Powers_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008320                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.09                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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