RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060003401


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 that his Virginia Army National Guard (VAARNG)
discharge be upgraded; that he be granted additional service credit for
participating in the Junior Reserve Officer Training Corps (JROTC) and
accelerated advancement as a result of his participation.  He also requests
that his record be corrected to show that he has two Social Security
Numbers (SSN’s).

2.  The applicant states, in effect, that he enlisted and served under the
SSN XXX-XX-57XX but was later awarded benefits under the SSN XXX-XX-47XX.
He was told he would receive accelerated advancement due to participating
in the JROTC program.  He believes that his records were changed and that
both his VAARNG and United States Army Reserve (USAR) records have been
misplaced or lost.

3.  The applicant provides copies of a 19 December 1983 NGB Form 22, United
States Army Reserve Personnel Center Orders D-03-01975, DD Form
20 (Enlisted Qualification Record), a NGB Form 23 (Army National Guard
Retirement Credits Record), his birth certificate, two internet printouts
from “NET DETECTIVE) indicating that both SSNs are valid and were issued in
Virginia, a SSN card, a 2002-2006 California Drivers License, a 2005 SSN
benefits statement, a Veterans of Foreign Wars membership letter, a release
of confidential information form, and 18 pages of correspondence related to
his application for Department of Veterans Affairs compensation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 March 1987, the date of his discharge from the USAR.
The application submitted in this case is dated 27 February 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 ABCMR does not have the authority to correct, or change VAARNG
records or to effect any changes to the NGB Form 22.  Requests for
alteration of these records should be addressed to the appropriate State
agency.  Therefore, issues related to the altering of these records will
not be further addressed.

4.  The applicant’s records show he enlisted in the VAARNG on 13 March 1981
in pay grade E-1.  His enlistment documents do not show that he attended a
JROTC program or that he is entitled to an advanced pay grade.

5.  He attended initial active duty for training (IADT) from 18 August
through
2 December 1981.  The applicant was advanced to private first class, pay
grade E-3, effective 16 November 1982.  He was reduced to private, pay
grade
E-2, on 10 November 1983 for misconduct (with prejudice) for multiple
periods of unexcused absences from unit training assemblies.

6.  The applicant was discharged from the VAARNG, as a private, E-2, on
19 December 1983 with a General characterization of service.  He had
completed 2 years, 9 months, and 6 days of service.  He was assigned to the
United States Army Reserve (USAR) Control Group (Annual Training), St.
Louis, Missouri.

7.  United States Army Reserve Personnel Center Orders D-03-019757, dated
10 March 1987 discharged the applicant from the Ready Reserve with an
Honorable Discharge effective 12 March 1987.

8.  The applicant’s military records that are available, all contain the
SSN XXX-XX 57XX.  There is no evidence available to indicate he served
under any other SSN.

DISCUSSION AND CONCLUSIONS:

1.  The available record contains no evidence that shows the applicant
participated in a JROTC program; or that he was authorized an accelerated
advancement.  The records reflect the highest grade the applicant achieved
was PFC.

2.  The applicant has failed to provide sufficient evidence to show that
the SSN he served under was incorrect or should be changed.  His military
records contain only one SSN XXX-XX-57XX.

3.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should reflect the conditions and circumstances that existed at the
time the records were constructed.

4.  While the applicant's desire to have the records changed is
understandable, there is no basis for compromising the integrity of the
Army's record.  Therefore, without a finding of material error or injustice
in the record, there is no basis for adding a second SSN to his official
personnel file when he only served under one number.

5.  It appears that at the time of enlistment the applicant’s SSN may have
been entered incorrectly, if this is the case he should obtain a legal
document from the Department of Social Security that shows when he was
issued
SSN XXX-XX-47XX.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 March 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 March 1990.  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

__MMD__  _JCR___  __RDG __  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.




                                  __      Melinda M. Darby_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003401                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |129                                     |
|3.                      |100                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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