RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070002436


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, change to the Social Security
Account Number (SSAN) listed on her 12 August 1971 separation document (DD
Form 214).

2.  The applicant states, in effect, she is not being credited with
military service on her Social Security Statement of Earnings for the
period between 1970 and 1971.  She states that there was possibly a
typographical error in the SSAN listed on her DD Form 214, which resulted
in the last four digits being listed as 5973 instead of 5479, as she
indicated in an earlier application to the Board, dated 11 November 2006.

3.  The applicant provides a Report of Confidential Social Security Benefit
Information (SSA-2458) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that she enlisted in the Regular Army and
entered active duty on 30 September 1970.  The Enlistment Contract-Armed
Forces of the United States (DD Form 4) completed during her enlistment
processing shows her SSAN with the last four digits of 5973.

3.  The applicant's Enlisted Qualification Record (DA Form 20), which was
prepared on the applicant on 5 October 1970, during her entry on active
duty processing, shows her SSAN with the last four digits of 5973 in Item 1
(Name and Service Number).

4.  The majority of documents and orders prepared on the applicant during
her tenure on active duty and on file in her Military Personnel Records
Jacket (MPRJ), which includes a Court-Martial Charge Sheet (DD Form 458)
and
DA Forms 2627 (Records of Proceedings Under Article 15, UCMJ) and also list
her SSAN with the last four digits of 5973.

5.  The MPRJ does contain a finger print card (DD Form 369), dated 2
October 1970, a National Agency Check Request (DD Form 1584), dated 13
October 1970, and a Statement of Pregnancy, Department of OB GYN, Brooke
General Hospital, Fort Sam Houston, Texas, dated 25 July 1971, which list
her SSAN with the last four digits 5979.

6.  On 12 August 1971, the applicant was honorably separated, under the
provisions of chapter 8, Army Regulation 635-200, by reason of Pregnancy,
after completed a total of 10 months and 13 days of active military
service.  The separation document she was issued lists the last four digits
of her SSAN as 5973 in Item 3 (Social Security Number), and the applicant
authenticated this document with her signature in Item 32 (Signature of
Person Being Transferred or Discharged) on the date of her separation.

7.  The applicant provides a Report of Confidential Social Security Benefit
Information (SSA Form 2458), dated 6 February 2007, which indicates the
applicant SSAN with the last four digits listed as 5479 is the only one on
her record and has been on the social security records since September
1967.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSAN listed in Item 3 of her 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 her DD Form 4 (Enlistment Contract), DA
Form 20 (Enlisted Qualification Record), and the majority of documents and
orders on file in her MPRJ, which includes a court-martial charge sheet,
court-martial orders and Article 15 records.

2.  Further, the applicant authenticated most of the documents on file in
her MPRJ that list the SSAN she now claims is in error with her signature.
This includes the final DD Form 214 which lists her SSAN with the last four
digits of 5973.  In effect, her signature on the DD Form 214 was her
verification that the information contained on the separation document, to
include her SSAN, was correct at the time the DD Form 214 was prepared and
issued.

3.  The Army has an interest in maintaining the accuracy of its records for
historical purposes, and normally would not change a SSAN under which a
member performed military service because the military records should
reflect the conditions and circumstances that existed at the time the
records were created and under which the military service was performed.

4.  Although the Social Security Administration is indicating that the
applicant has had the same SSAN on file in the records since September
1967, the SSAN they indicate is correct was never a part of any of the
applicant's military records, which includes the few documents that
contained an SSAN with different last four digits than those listed on the
SSAN contained on the applicant's enlistment contract, DA Form 20 and DD
Form 214.  As a result, there is insufficient evidence to support a change
to the SSAN at this late date.

5.  This Report of Proceedings, along with the application and supporting
documents submitted by the applicant will be filed in her 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 and document the SSAN she now
claims is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WB   _  __WDP  _  __DLL __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002436                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/08/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Pregnancy                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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