RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060001626


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, correction of the Social Security
Number (SSN) that is listed on his separation document.

2.  The applicant states, in effect, that the SSN recorded in his military
service records and that is listed in Item 3 (Social Security Number) of
his DD Form 214 (Certificate of Release or Discharge from Active Duty),
with an effective date of 27 January 1992, is incorrect.

3.  The applicant provides a copy of his DD Form 214, SSN Card, Social
Security Administration (SSA), Social Security Number Verification
document, dated
11 January 2006; California Department of Motor Vehicles (DMV)
Identification (ID) Card, issued 13 May 2005; and an undated Veterans
Benefits Administration (VBA) computer-generated printout.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 January 1992, the date of his release from active duty.  The
application submitted in this case is dated 27 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.  On 28 January 1988, the applicant enlisted in the U.S. Army for a
period of
4 years.  His enlistment packet, including the DD Form 1966 (Record of
Military Processing - Armed Forces of the United States), and documents
prepared upon his entry on active duty consistently reflect the SSN ###-##-
6712.  In addition, all of the documents on file for the applicant in his
military service records that contain a SSN, list the SSN that the
applicant now claims is incorrect.

4.  On 27 January 1992, the applicant was released from active duty by
reason of expiration of term of service.  At the time, he had completed 4
years of active military service.  The DD Form 214 issued to him on the
date he was separated lists the SSN he now claims is incorrect in Item 3
(Social Security Number).  The applicant authenticated this document with
his signature in Item 21 (Signature of Person Being Separated), which
indicates that he verified that the information contained in the separation
document was correct at the time it was issued.

5.  In support of his application, the applicant provides his DD Form 214,
SSN Card ###-##-5909, SSA SSN Verification document, California DMV ID
Card, and VBA computer-generated printout.  The DD Form 214 provides
evidence of the applicant's SSN that was recorded and used during his
military service.   The SSN Card and SSA SSN Verification document provide
evidence the applicant was issued a SSN by the SSA in 2006.  The California
DMV ID Card and VBA printout offer no relevant or definitive evidence
regarding the applicant's SSN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN entered in his military service
records and on his final DD Form 214 are incorrect.  However, the applicant
provides insufficient evidence to support this claim.

2.  Although the applicant now claims that the SSN shown on the copy of his
Social Security Card that he now provides is correct, and the one recorded
on his DD Form 214 is incorrect, he fails to provide an official
explanation from the Social Security Administration, or any other source,
that explains the reason for issuance or use of the second SSN.  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.

3.  The evidence of record shows that the applicant authenticated the
DD Form 214 issued to him on 27 January 1992 with his signature in Item 21.
This indicates that he verified that the information contained on the
separation document, to include the SSN, was correct at the time it was
issued.  Lacking convincing independent evidence to the contrary, the Board
concludes that the applicant’s DD Form 214, issued on 27 January 1992, was
correct at the time it was issued and there is an insufficient evidentiary
basis for changing it at this time.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.  Therefore, there is
no basis for granting the applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 January 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 January 1995.  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

___JTM__  ___PBF_  ___RCH_  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.




                                            _John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001626                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19920127                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0900.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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