RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040010207


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Maria J. N. Troup             |     |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 SSN is not reflected on his DD
Form
214 and should be shown as XXX-XX-7815.

3.  The applicant provides a SSN verification document from the Social
Security Administration and a copy of his Ohio State driver’s license in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s application is dated 2 November 2004 and he is
requesting correction of his DD Form 214 issued on 5 September 1967.

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
3 December 1965.  Orders Number 115, Armed Forces Examining and Entrance
Station,
Fort Hays, Columbus, Ohio, dated 3 December 1965, assigning him to active
duty, shows his service number was listed in place of a SSN.

4.  Special Orders Number 248, Headquarters, U.S. Army Personnel Center,
Fort Lewis, Washington, dated 5 September 1967, released the applicant from
active duty and transferred him to the U.S. Army Reserve Control Group.
These orders show the applicant’s service number instead of his SSN.  The
majority of the applicant’s military records show his service number
instead of a SSN.

5.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows
his social security number as "XXX-XX-1274”.  The DD Form 214 was
authenticated in his own hand at the time of his separation from active
duty.


6.  The applicant’s records contain a Form 170 (Army Reserve Personnel Data
Review) dated 29 October 1967.  This document shows that the applicant
annotated his correct SSN as XXX-XX-7815.

7.  The applicant provided a copy of a SSN Verification Printout wherein
the Social Security Administration noted their records indicated that SSN
XXX-XX-7815 is assigned to the applicant.  This printout does not state
when the SSN was assigned to the applicant.

8.  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.

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 records contain only one document which shows a SSN
number (XXX-XX-7815).  However, this document was prepared after his
separation from active duty and was related to his Army Reserve duty.

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 XXX-XX-7815 was assigned to the applicant prior to
his enlistment in the Army, the Board is reluctant to recommend that those
records be changed.

3.  Although the applicant’s SSN is currently XXX-XX-7815, he served in the
Army with the SSN of XXX-XX-1274.  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 available.




4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 September 1967, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 September 1970.  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

__KAN __  __WDP _  __MJNT _  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.



                                  ___Kathleen A. Newman___
                                            CHAIRPERSON



.

                                    INDEX

|CASE ID                 |AR20040010207                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|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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