IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080007892 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Social Security Account Number (SSAN) listed in Item 3 (Social Security Number) of his 26 May 1971 separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, the SSAN listed on his DD Form 214 is incorrect.  

3.  The applicant provides a Report of Confidential Social Security Benefit Information (Form SSA-2458) 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 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 he enlisted in the Regular Army (RA) Army and entered active duty on 17 April 1969.  The enlistment contract (DD form 4), Report of Medical Examination (SF 88), and all other documents and records prepared during his enlistment processing list the SSAN he now claims is incorrect.  His Enlisted Qualification Record (DA Form 20), which was prepared at the Reception Station, Fort Lewis, Washington, on 24 April 1969, also lists the SSAN he now claims is incorrect in Item 1 (Name and Service Number).  The applicant authenticated both the DD Form 4 and DA Form 20 with his signature.  

3.  There is no indication in his record that the applicant ever attempted to change his SSAN or to resolve an SSAN discrepancy while he was serving on active duty.

4.  On 26 May 1971, the applicant was separated under the provisions of Chapter 6, Army Regulation 635-200, by reason of hardship, and received a general, under honorable conditions discharge (GD).  The DD Form 214 he was issued at the time lists the SSAN he now claims is incorrect in Item 3.  It also confirms he completed a total of 1 year, 4 months, and 27 days of creditable active military service and 258 days of time lost due to being absent without leave (AWOL).  He also signed in Item 32 (Signature of Person Being Transferred or Discharged) attesting to the accuracy and completeness of the information presented.

5.  The applicant provides an SSA-2458 issued by the Social Security Administration District Office, Lincoln, Nebraska, dated 14 April 2008, which indicates that office shows the applicant’s assigned SSAN is different than the one listed throughout his military record and on his separation document.  This document does not address the SSAN discrepancy.  

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 the following documents of record:  DD Form 4 prepared on him during his enlistment processing, which he authenticated with his signature; DA Form 20 prepared on him upon his entry on active duty, which he authenticated with his signature; and orders and other documents, which include a record of NJP, which were prepared on him throughout his military service.  

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change an 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.

3.  Although the Form SSA2458 provided by the applicant indicates he is assigned an SSAN different from the one listed in his records and on his separation document, the SSAN they indicate is correct was never a part of any of the applicant's military records.  As a result, absent any evidence that the applicant attempted to resolve the SSAN issue while he was serving on active duty, it would not be appropriate to change the SSAN listed in his military records, which is the one under which he entered military service, served, and was discharged, at this late date.  

4.  This Report of Proceedings, along with the application and supporting documents submitted by the applicant will be filed in his 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 he now claims is correct. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  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.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007892



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ABCMR Record of Proceedings (cont)                                         AR20080007892


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