RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 April 2004
      DOCKET NUMBER:   AR2004103026

      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. Joseph A. Adriance            |     |Analyst              |

  The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Ms. Jennifer L. Prater            |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 the Social Security Account
Number (SSAN) listed in his record be corrected.

2.  The applicant states, in effect, that he entered the service
unknowingly using his deceased mother’s SSAN.  He states that he did not
present his SSAN card at the time of his entry into the service and only
provided what he believed was his SSAN at the time.  He states that he has
tried to resolve this issue on and off for many years without success.
However, he now has a disease and is in need of health benefits from the
Department of Veterans Affairs (VA).

3.  In support of his application, the applicant provides a copy of his
SSAN card, a verification letter from the Social Security Administration, a
copy of his driver’s license, and his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error or injustice which
occurred during his active duty service, which ended on 9 December 1991.
The application submitted in this case is dated 30 January 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 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.  On 14 September 1989, the applicant enlisted in the Regular Army and
entered active duty.  His Enlistment Contract (DD Form 4) contains the same
SSAN that is recorded in his Personnel Qualification Record (DA Form 2-1),
which was created upon his entry on active duty.

4.  All orders, documents, and other information on file in the applicant’s
Military Personnel Records Jacket (MPRJ), many of which were authenticated
by the applicant with his signature, also all contain the same SSAN
contained in the applicant’s enlistment contract and Personnel
Qualification Record, which he used throughout his tenure on active duty.
5.  On 9 December 1991, the applicant was honorably released from active
duty after completing a total of 2 years, 2 months, and 26 days of active
military service in the Army.  The separation document (DD Form 214) issued
to and authenticated by him on the date of his separation lists the same
SSAN that was recorded in all his personnel records and in his enlistment
contract.

6.  The applicant provides a Report of Confidential Social Security Benefit
Information Form (Form SSA-2458), dated 12 February 2004, which was issued
by the Social Security Administration and that confirms the applicant’s
SSAN as one that is different from the one under which he performed his
military service.  This form further confirms that the applicant used his
deceased mother’s SSAN when he enlisted in the Army and performed his
military service using that incorrect SSAN.  If finally indicates that all
pertinent records should be corrected to show the applicant’s correct SSAN.
 He also provides a copy of his SSAN card, which contains his correct SSAN;
and his driver’s license and birth certificate as proof of identity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he unknowing used his deceased mother’s SSAN
to enlist and during his military service was considered and found to have
merit.

2.  The Army has an interest in maintaining the accuracy of its records for
historical purposes, and normally would not change a SSAN under which a
member performed military service because the military records should
reflect the conditions and circumstances that existed at the time the
records were created and under which the military service was performed.
However, in this case there seems to be sufficient equity considerations to
warrant an exception to that policy.

3.  The Social Security Administrative has confirmed that the SSAN under
which the applicant performed his military service belonged to his deceased
mother, and it has verified his correct SSAN.  Further, the applicant is
now in need of obtaining VA health benefits and it appears he is being
denied this earned benefit based on his inadvertent use of the SSAN in
question.  Therefore, it would be appropriate and serve the interest of
justice and equity to provide the requested relief.

4.  However, in order to provide a solution that provides the applicant the
relief necessary to obtain veterans benefits and that still maintains the
accuracy of the military records in question, the SSAN correction will be
limited to the applicant’s separation document, and will include a remark
that documents the SSAN under which the applicant served.

BOARD VOTE:

__TDH__  _LF___  __JLP___  _  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief, as an exception to policy, and to excuse
failure to timely file.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his 9 December 1991 DD Form 214 as follows:

      a.  Item 3 (Social Security No.), enter the Social Security Account
Number listed on his current Social Security Card, as verified by the
Social Security Administration;


      b.  Item 18 (Remarks), add the entry “Soldier performed service under
SSAN (enter the SSAN now entered in Item 3 of his DD Form 214”; and


      c.  providing him a corrected separation document that includes these
changes.




                  Thomas D. Howard
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103026                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/04/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/12/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Hardship Discharge                      |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  10   |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |