RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060009706 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 item 3 (Social Security Number [SSN]), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to reflect his correct SSN.  

2.  The applicant states, in effect, that his current SSN was not assigned to him during his period of active duty. 

3.  The applicant provides a copy of his DD Form 214, a copy of his SSN, and a copy of a statement from the Social Security Administration. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 4 April 1971, the date of his release from active duty.  The application submitted in this case is dated 28 June 2006 but was received for processing on 10 July 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's record shows he was inducted into the Army of the United States on 7 August 1969.  The applicant successfully completed basic combat training at Fort Lewis, Washington, and advanced individual training at Fort Sill, Oklahoma.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 13A, Field Artillery Basic.  

4.  The applicant served in Vietnam from 13 January 1970 to 4 April 1971.  He was promoted to specialist four (SP4/E-4) on 10 April 1970.  He continued to serve until he was released from active duty on 4 April 1971.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). 

5.  The applicant's enlistment documents and other military records reflect the SSN that was issued to him at the time of his induction.

6.  Item 3, of the applicant’s DD Form 214, shows his SSN that was used during his period of active duty.  

7.  The applicant provided a copy of his Social Security Card which shows a new SSN was issued after his release from active duty.

8.  The applicant provided a statement from the Social Security Administration office, dated 17 January 2007, which verified his current SSN.  This printout failed to show the actual date he was issued his current SSN.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was issued an SSN at the time of his induction and was released from active duty with the same number.  His enlistment documents and other military records reflect the SSN that was issued to him at the time of his induction.

2.  The applicant was later issued a Social Security Card with a completely different SSN from the one that was issued to him while serving on active duty.  A statement from the Social Security Administration was provided which shows his current SSN.  

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 created.  The applicant's social security number is consistent throughout his record; therefore, there is no basis to correct item 3, of his DD Form 214, to show his current SSN.

4.  It is noted that Soldiers were issued temporary SSNs during their period of service and had the option of applying for a permanent SSN prior to their discharge.  There is no evidence to show that the applicant made an attempt to apply for a permanent card.  Based on the evidence provided, it is apparent that his permanent SSN was issued after his release from active duty.

5.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.



6.  A copy of all documents relating to the applicant's request for correction of his Social Security Account Number in his service records will be filed permanently, for reference purposes in his official military personnel files.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 April 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 April 1974.  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

__JCR___  __JRH__  ___TMR _  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.




_____Thomas M. Ray______
          CHAIRPERSON




INDEX

CASE ID
AR20060009706
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.