RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 March 2007
      DOCKET NUMBER:  AR20060011982


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 the Social Security Account
Number (SSAN) listed on his separation document (DD Form 214) be corrected.


2.  The applicant states, in effect, that the SSAN he used most of his life
is not reflected on his DD Form 214 and he would like to have it corrected.
 He states the SSAN listed in his military records is one he used under a
different name prior to getting his birth certificate.  He claims he
informed his recruiters at the time of his enlistment and was told to apply
for a correct one once he entered active duty.

3.  The applicant provides the following documents in support of his
application:  SSAN Card; Birth Certificate; Third-Party Statements (3); and
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 August 1977, the date of his separation.  The
application submitted in this case is dated 1 August 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 enlisted in the Regular Army and
entered active duty on 27 August 1974.  An Enlistment Record (DD Form 4)
completed during his enlistment processing contains the SSAN he now claims
is incorrect.   The applicant authenticated this document with his
signature in Items 55 and 57.

4.  The applicant's Personnel Qualification Record (DA Form 2-1), which was
prepared on 30 August 1974, and last reviewed by the applicant on 24 June
1976, also lists the SSAN he now claims is incorrect in Item 2 (SSN).

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
orders and other record documents prepared on the applicant throughout his
military service.  All documents containing a SSAN list the one the
applicant claims is incorrect.
6.  There are no documents on file in the applicant's MPRJ that indicate he
ever attempted to correct his SSAN while he was serving on active duty.

7.  On 26 August 1977, the applicant was honorably released from active
duty after completing 3 years of active military service.  The DD Form 214
he was issued at the time contains the SSAN he now claims is incorrect in
Item 3 (Social Security Number), and the applicant authenticated this
document with his signature in Item 29 (Signature of Person Being
Separated).

8.  The applicant provides a SSAN Card that contains a different SSAN than
the one listed on his records, which he now claims is correct.  He also
provides three third-party statements from his two brothers and his sister.
 They all confirm the applicant used a different name and had a different
SSAN under that name until he obtained his birth certificate.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the active Army.  It also
establishes the policies for the preparation and distribution of the DD
Form 214.  It states, in effect, that the Personnel Qualification Record
and all documents on file in the MPRJ are sources documents for preparing
the DD Form 214, and that the SSAN entered in Item 3 will be taken from the
Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSAN listed in Item 3 of his DD
Form 214 is incorrect has been carefully considered.  However, the evidence
of record confirms the SSAN shown on the applicant's DD Forms 214 is
identical to the SSAN recorded on his Personnel Qualification Record and
matches the SSAN listed in the military records prepared on him upon his
entry on active duty and in all orders and other documents prepared on him
throughout his active duty tenure.  Further, the applicant authenticated
all documents and records containing the SSAN he now claims is in error
with his signature; thereby, verifying that is was correct at the time.  He
also admits that he was advised to request a change to his SSAN once he
entered active duty; however, there is no evidence he ever attempted to
make this correction while serving on active duty.

2.  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.  Therefore, it
is concluded the SSAN listed in the applicant’s military records and on his
separation document should not be changed at this time.
3.  This Report of Proceedings, along with the verification and other
supporting documents provided by the applicant, will be filed in his
Official Military Personnel File (OMPF) to provide clarity to any confusion
that might arise regarding his different SSANs.  Filing the Board’s
decisional document will also guarantee the historical accuracy of the
applicant’s military record regarding the SSAN under which he served.

4.  Records show the applicant should have discovered the alleged error or
injustice at 26 August 1977, the date of his separation.  Therefore, the
time for him to file a request for correction of any error or injustice
expired on 25 August 1980.  He failed to 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 his failure to
file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  ___DKH    __LMD __  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.




                                  _____Kathleen A. Newman___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060011982                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1977/08/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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