RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2008
DOCKET NUMBER: AR20070012313
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Donald W. Steenfott
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 correction of his Social Security Number (SSN) from ***-**-2442 to ***-**-2542.
2. The applicant states, in effect, that the wrong SSN was entered on his records due to an administrative oversight.
3. The applicant provides a copy of his Social Security Card in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show that he was inducted in the Army of the United States on 6 September 1966. His military service records contain a DD Form 4
(Enlistment/Reenlistment Document) dated 6 September 1966 showing his Service Number, not his SSN.
3. The DA Form 3027 (U.S. Army Request for National Agency Check), dated 7 September 1966, listed the applicants SSN as ***-**-2542.
4. The applicants military service records further show that the he was awarded military occupational specialty (MOS) 76S (Supply Clerk). He served in Germany during the period 30 December 1966 through 30 April 1967 and in the Republic of Vietnam during the period 14 July 1967 through 25 July 1968. He was discharged under honorable conditions by reason of misconduct-patterns of shirking on 29 July 1968.
5. The applicants DA Form 20 (Enlisted Qualification Record), dated 13 September 1966 and audited on 3 January 1967, shows the applicants SSN as ***-**-2442. The applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).
6. U.S. Army Personnel Center, Oakland, California, Special Orders Number 211, dated 29 July 1968; show that the applicant was ordered discharged for unfitness. The orders listed the applicants SSN as ***-**-2442.
7. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued showed his SSN as ***-**-2442. The applicant was unavailable to sign his DD Form 214.
8. On 25 October 1970, the applicant submitted a Standard Form 180 (Request Pertaining to Military Records). He listed his SSN as ***-**-2442.
9. The applicant provided a copy of his Social Security Card showing his SSN as ***-**-2542.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his Social Security Number recorded in his military service records should be corrected because it is in error.
2. It appears that throughout his military service the applicant consistently indicated and certified that his SSN was ***-**-2442. His DA Form 20 that was created upon his entrance into the Army confirms that at the time, he was assigned a SSN that contained the number 4 in the seventh digit. Most of his military documents show the number 4 as the seventh digit of his SSN, to include his DD Form 214.
3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records. In this regard, 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, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicants military service records, including the DD Forms 214 issued on 29 July 1968 was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__wdp___ __jlp___ __dws___ 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
AR20070012313
SUFFIX
RECON
DATE BOARDED
20080110
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
100.0900
2.
3.
4.
5.
6.
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