RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070003811


      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. Deyon D. Battle               |     |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 that his military records be corrected to show
the last two digits of his Social Security Number (SSN) as 78 instead of
54.

2.  The applicant states that his mother accidentally gave him his sister's
SSAN and that he did not realize the error until a year after his release
from the Army.

3.  The applicant provides a copy of a notarized declaration from his
sister; a Department of Veterans Affairs (VA) Statement in Support of
Claim; a printout from the Social Security Administration (SSA); a copy of
a statement from the SSA verifying that the last two digits of his SSN are
78; a copy of a statement from the SSA verifying that the last two digits
of his sister's SSN are 54; a copy of his Certificate of Release or
Discharge from Active Duty (DD Form 214); and a copy of his sister's Social
Security Statement dated 13 February 2003.

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 initial Enlistment Contract is not on file for review.
However, the available records indicate that on 3 May 1977, the applicant
enlisted in the Army in Los Angeles, California, for 3 years.  Based on the
information provided by the applicant, at the time of his enlistment he
indicated that the last two digits of his SSN were 54.  He went on to
successfully complete his training as an attack helicopter repairer.

3.  After completing 3 years of net active service, he was honorably
released from active duty (REFRAD) and he was transferred to the United
States Army Reserve (USAR) Control Group (Reinforcement) to complete his
Reserve obligation.

4.  The DD Form 214 that he was furnished at the time of his REFRAD shows
the last two digits of his SSN as 54.

5.  Orders were published on 23 March 1983, discharging him from the USAR
(Ready) effective 7 February 1983.  This order shows the last two digits of
his SSN as 54.

6.  The applicant's records show that he reenlisted in the USAR on 1 April
1987. At the time of this reenlistment he indicated that the last two
digits of his SSN were 78.  He completed a Record of Military Processing –
Armed Forces of the United States (DD Form 1966/4) in which he indicated
that when he initially enlisted in the Army, his recruiter asked for his
Social Security Card.  He stated that he could not provide one since it was
lost.  He stated that he asked his mother for his SSN and she gave him his
sister's number by mistake.  He stated that he and his recruiter went to
the SSA with the SSN that was provided to him by his mother and he was
issued a Social Security Card.  He stated that after he was discharged he
was notified by the SSA that a mistake had been made.  He stated that he
had to go to the SSA and fill out a form called a mixed earnings form and
that he believed everything had been corrected with Army.  He stated that
he later found out that he was wrong.

7.  The available records show that all of the documents completed by the
applicant during the period of his 1 April 1987 show the last two digits of
his SSN as 78.

8.  The statements from the SSA that the applicant submitted in support of
his application verify that the last two digits of his SSN are 78 and that
the last two digits of his sister's SSN are 54.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates that there was an error made at the
time of the applicant's initial enlistment in the Army which resulted in
the incorrect SSN being reflected in his records.

2.  The statement from the SSA verifies that the last two digits of the
applicant's SSN are 78 and that his sister's are 54.  This was clearly a
mistake made at the time of his initial enlistment that should now be
corrected.




3. Inasmuch as his discharge order dated 23 March 1983 discharging him from
the USAR (Ready) and his DD Form 214 are the only two documents in his
official file that currently reflect the last two digits of his SSN as 54,
these two documents should be corrected to reflect the last two digits of
his SSN as 78.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__LMD__  __WDP__  __JLP___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that the
order dated 23 March 1983 discharging him for the USAR (Ready) and the DD
Form 214 pertaining to the individual concerned be corrected to show 78 as
the last two digits of his SSN.




                                  ___William D. Powers__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003811                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTER          |
|2.  10                  |100.0900/CHANGE SSN                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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