IN THE CASE OF:	  

		BOARD DATE:	        21 OCTOBER 2008

		DOCKET NUMBER:  AR20080009680


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 number (SSN) shown in his military records be corrected. 

2.  The applicant essentially states that his correct SSN is 0XX-4X-2929 rather than 2XX-8X-2785.  He also states that he was a victim of mistaken identity, and that he was inducted and incarcerated at the age of 16 because he was thought to be Henry A____ R___, but that his discharge will reflect that he was wrongly inducted.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214); a copy of his social security card; and a letter, dated 14 May 2008, from the State of Illinois Department of Veterans' Affairs in support of this 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 military records show that he was inducted into the Army of the United States on 15 June 1968.  It was noted that his DD Form 47 (Record of Induction) essentially shows that he was inducted under a different first and middle name, and that the applicant stated that his date of birth was 3 September 1949.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 27 December 1968, the applicant went absent without leave, and remained in this status until he returned to military control on 28 April 1969.

4.  On 11 September 1969, charges were preferred against the applicant for:

	a.  escaping from lawful confinement on or about 28 July 1969;

	b.  absenting himself without authority from his organization on or about 28 July 1969, and remaining so absent until on or about 31 July 1969;

	c.  escaping from lawful confinement on or about 7 August 1969; and

	d.  absenting himself without authority from his organization on or about 7 August 1969, and remaining so absent until on or about 8 September 1969.

5.  However, on 21 January 1970, the applicant was discharged under honorable conditions due to his enlistment being voided, apparently because information surfaced which showed that the applicant was inducted into the Army of the United States at the age of 14 years, 9 months, and 13 days, with his date of birth actually being 3 September 1953 and not 3 September 1949 as the applicant stated at the time of his induction.  The DD Form 214 that was issued to him at the time of his discharge shows that he had 193 days of lost time.

6.  All of the documents in the applicant’s military records which contain a SSN that were prepared on him throughout his military service contain the SSN he now claims is incorrect.  Item 3 (Social Security Number) of his DD Form 214, which he authenticated with his signature, lists the SSN he now claims is incorrect.  Additionally, the applicant signed a statement on 19 January 1970 which also shows that his SSN during his military service was 2XX-8X-2785.

7.  The applicant provided an undated social security card which shows that his SSN is 0XX-4X-2929.
8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN shown in his military records should be corrected.

2.  It is clear that the applicant’s active duty service was performed under the SSN he now claims was in error, and that this SSN was the one recorded in the military records throughout his active duty tenure.  The fact that the applicant provided a social security card which shows that his SSN is now 0XX-4X-2929 was noted.  However, he provided no evidence which suggests that he attempted to correct the SSN shown in his military records at the time of his military service, or that this was his SSN at the time of his military service.  Additionally, the fact that he now, more than 38 years after his discharge, requests that his SSN be corrected is not a sufficiently mitigating factor that warrants granting the requested relief.

3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record what he claims is his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows the SSN the applicant claims is his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion with regard to the difference in the SSN recorded in his military records and to satisfy his desire to have what he claims is his correct SSN documented in his OMPF.

5.  In view of the foregoing, there is no basis for granting the applicant's request.


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.



      _________XXX_____________
                 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)                                         AR20080009680



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ABCMR Record of Proceedings (cont)                                         AR20080009680



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