RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001503


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcelli               |     |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 records to show his new social
security number (SSN).

2.  The applicant states that his SSN was changed on 27 March 1996 to
protect his identity.

3.  The applicant provides a Report of Confidential Social Security Benefit
Information from the Social Security Administration; his DD Form 214
(Certificate of Release or Discharge from Active Duty); and a letter from
the City of Brockton, Massachusetts, Police Department.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 March 1996.  The application submitted in this case is dated
21 January 2006.

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 3 February 1981.  His DD
Form 4/1 (Enlistment/Reenlistment Document) shows his old SSN.  He
successfully completed basic training and advanced individual training.

4.  Headquarters, United States Army Field Artillery Center and Fort Sill
Orders 78-157, dated 19 March 1981, awarded him military occupational
specialty 13B (Cannon Crewman).  These orders show his old SSN on the
standard name line.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record - Part II)
shows his old SSN.

6.  The applicant was released from active duty on 31 January 1984 at his
expiration of term of service.  His separation orders show his old SSN.

7.  Item 3 (SSN) on his DD Form 214 shows his old SSN.
8.  In a 21 March 1996 letter, the Chief of Police in the City of Brockton,
Massachusetts stated that the applicant’s brother, B____, had been using
the applicant’s name, date of birth, and old address because there were
outstanding warrants on his brother.

9.  The Report of Confidential Social Security Benefit Information from the
Social Security Administration indicates the applicant’s SSN was changed on
27 March 1996.

10.  Regulation 635-5 (Separation Documents) governs the preparation of the
DD Form 214.  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.

DISCUSSION AND CONCLUSIONS:

1.  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, this Board is reluctant to recommend that
those records be changed.

2.  Although the applicant has been issued a new SSN, he served on and was
released from active duty in the Regular Army with his old SSN.  While the
Board understands the applicant's desire to have the records changed, it
finds 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 new SSN will be on hand.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 March 1996; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 March 1999.  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

MP______  MF______  GP______  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.




                                  Margaret Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001503                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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