RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 September 2004
      DOCKET NUMBER:  AR2004102646


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, that his social security number be
changed from ***-04-**** to ***-49-****.

2.  The applicant states, in effect, that he had the wrong social security
number when he was in the Army.  It has since been corrected.

3.  The applicant submitted a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, a copy of a Form SSA-2458, Report of
Confidential Social Security Benefit Information, dated 3 December 2003; a
copy of his Texas, Department of Public Safety, Commercial Driver License;
a copy of an expired DD Form 2A, US Armed Forces Identification Card; and a
copy of two social security cards, each of which displays a different
number, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 9 May 1991.  The application submitted in this case is dated 3
December 2003.

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 limitation 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 US Army Reserve, for 8 years, on 28
February 1987.  On 19 March 1987, the applicant enlisted in the Regular
Army for a period of 4 years for the US Army Airborne Enlistment Option and
assignment in Career Management Field 11X, Infantry.

4.  Item 2 (Social Security Number), DD Form 4/1, Enlistment / Reenlistment
Document, Armed Forces of the United States, which was completed on the day
of his enlistment in the US Army Reserve, has the number:  ***-04-****.
The Social Security Number entered on DD Form 4/3, in the upper margin of
form, is: ***-04-****.
5.  The applicant provided a copy of two social security cards with his
request for correction of his records.  Each of the two cards displays a
different number.  One of the cards shows the number ***-04-**** and the
other displays the number ***-49-****.

6.  Item 41 (Data Verification by Recruiter), in sub-item d. (1) SSN Card,
of the applicant's DD Form 1966/5, shows that the applicant's recruiter
verified the social security number during the recruitment process.  The
number entered in the upper margin of this form is:  ***-04-****.

7.  In the Form SSA-2458 that the applicant submitted with his request for
correction of his military records, the Social Security Administration
states that, "According to our records, Social Security Number ***-49-****
belongs to [the applicant] and was issued to him in 1980.  We are currently
working with [the applicant] to correct his records."

8.  The applicant consistently used the number, ***-04-**** in all
documents that required an SSN throughout his military service.  There is
no evidence that he ever took any action to change his Social Security
Number while he was on active duty.  The applicant admits, on his DD Form
149, Application for Correction of Military Record, that he used the
incorrect Social Security Number:  ***-04-**** from childhood.

9.  The applicant's service personnel records show that he was honorably
released from active duty on 9 May 1991, at the expiration of his term of
service, in the rank and pay grade, Specialist, E-4.

10.  Item 3 (Social Security Number), of the applicant's DD Form 214, shows
the number ***-04-****.

11.  Army Regulation (AR) 635-5 prescribes the separation documents that
will be furnished each individual who is separated from the Army.  Section
III, of this regulation, in effect on the applicant's separation date,
provides instructions for the completion of each item on the DD Form 214.
To complete Item 3, of the DD Form 214, the Social Security Account Number
was to be transcribed from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have his SSN in his Army records changed is
acknowledged.

2.  The Social Security Account Number shown in Item 3 of the DD Form 214
is the number that the applicant reported as being his.  This number was
verified by his recruiter on his entry into the Army and was used by him
until he was separated.

3.  The applicant consistently used the number ***-04-**** throughout his
Army service, as evidenced by Army records.

4.  There is no basis for compromising the integrity of the Army's records.
 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, there is no basis to recommend that these
records be changed.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration in 9 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 May 1994.  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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __kah___  __rld___  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.



                                  Mark D. Manning
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102646                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  10                  |100.0900                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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