RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006477


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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), is incorrect.

3.  The applicant provides a copy of a SSN card.

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 is requesting correction of an alleged error which
occurred on 26 September 1975, the date of his release from active duty.
The application submitted in this case is dated 14 March 2007.

3.  On 4 January 1974, the applicant enlisted in the Regular Army for a
period of
3 years.  His enlistment packet, including the DD Form 4 (Enlistment
Contract - Armed Forces of the United States), and documents prepared upon
his entry on active duty consistently reflect the SSN 9**-0*-0* *6.  In
addition, all of the documents on file for the applicant in his military
service records during this enlistment that contain a SSN, list the SSN
that the applicant now claims is incorrect.





4.  On 26 September 1975, the applicant was separated with an honorable
discharge by reason of unsuitability-apathy, defective attitude or
inability to expend effort constructively.  At the time, he had completed 1
year, 8 months, and 23 days 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.  On 27 August 1976, under a second and different SSN, the applicant
enlisted in the Regular Army for a period of 3 years.  His enlistment
packet, including the DD Form 4 (Enlistment Contract - Armed Forces of the
United States), and documents prepared upon his entry on active duty during
this enlistment reflect a different SSN 5**-2*-9**7.  In addition, all of
the documents on file for the applicant in his military service records
during this enlistment that contain a SSN, list the SSN that the applicant
now claims is correct.

6.  On 8 October 1976, the commander voided the applicant’s enlistment in
accordance with Army Regulation 635-200, Chapter 14d, for fraudulent
enlistment.

7.  On 18 November 1976, the applicant was released from military control
under honorable conditions.  At the time, he had completed a total of 2
years and
15 days of active military service.  The DD Form 214 issued to him on the
date he was separated lists the SSN he now claims is correct 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.

8.  In support of his application, the applicant provides an unverified
copy of a SSN Card 5**-2*-9**7.  The DD Form 214(s) provides evidence of
the two different SSN(s) were recorded and used during both periods of
military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contention that the SSN entered in his military service
records during his first enlistment and on DD Form 214 dated 26 September
1976 is incorrect was found to be insufficient in merit.


2.  Evidence of record shows that the applicant enlisted in the Army on 4
January 1974 using the SSN 9**-0*-0* *6 and received a general discharge on

26 September 1975 using this SSN.  Evidence also shows that the applicant
enlisted 27 August 1976 using a different SSN 5**-2*-9**7 and was
discharged for fraudulent enlistment on 18 November 1976.

3.  The evidence of record shows that the applicant authenticated the
DD Form 214 issued to him on 26 September 1975 with his signature in Item
29. 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 26 September 1975,
was correct at the time it was issued and there is an insufficient
evidentiary basis for changing it at this time.

4.  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 dated 26 September 1975 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 two different SSN(s).  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.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___LMD _  ___JLP _  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:
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.




                                         William D. Powers _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006477                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/9/25                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]