IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080012067 


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 his social security number be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, his real number is 354-**-****.  When he entered the Army, his grandmother told him she lost his social security card and 358-**-**** was his number.  When he tried to file taxes he found out this was incorrect.

3.  In support of his request, the applicant provides a copy of his social security card and a copy of his State of Illinois - Certificate of Live Birth.

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.  On 28 February 1980 the applicant completed a DD Form 1966 (Application for Enlistment - Armed Forces of the United States).  Item 1 (Social Security Account Number) of the applicant's DD Form 1966/1 shows the number 
358-**-****.

3.  Section V (Certifications), Item 40e (Social Security Account Number) of the applicant's DD Form 1966/7 shows the entry "social security card" which indicates that the applicant's recruiter used the applicant's social security card to verify his social security number.

4.  Item 2 (SSAN) of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the number 358-**-****.

5.  The applicant entered his signature in the block (Signature of Applicant) on the NGB [National Guard Bureau] Form 21 (Annex A - DD Form 4 (Enlistment or Reenlistment Agreement - Army National Guard)) immediately above the space identified for (Typed Name, Grade and SSN of Applicant) on the form.

6.  On 16 May 1980, the applicant entered his Initial Active Duty for Training (IADT) at Fort Gordon, Georgia.

7.  On 20 May 1980, the applicant completed and submitted a DD Form 1584 (National Agency Check Request).  In Item 4 (Social Security Number), the applicant used the number 358-**-****.  An entrance national agency check was conducted and completed on 6 August 1980.  The following agencies were checked with favorable results:  FBI (Federal Bureau of Investigation Headquarters and the FBI Identification Division (for name check only).  There is no evidence any question arose about the compatibility of the applicant's name and social security number.

8.  A review of documents contained in the applicant's military personnel records shows that his social security number consistently appears as 358-**-****.  There is no evidence the applicant ever used another number as his social security number while he served on IADT.

9.  The applicant was honorably released from IADT on 31 August 1980 in the rank/pay grade of Private (PV1)/E-1, under the provisions of Army Regulation 635-200, paragraph 5-15, (Release from IADT under the Reserve enlistment program upon completion of MOS training and a minimum of 12 weeks IADT).  The applicant was returned to his Illinois Army National Guard (ILARNG) unit to continue fulfilling his military service obligation.

10.  Item 2 (Social Security Number) of the applicant's DD Form 214 has the number 358-**-****.  The applicant signed his name in Item 21 (Signature of Member Being Separated) attesting to the correctness/completeness of the information recorded on the DD Form 214.

11.  The applicant continued to serve in the ILARNG and on 27 December 1983 he was discharged under honorable conditions by reason of being an unsatisfactory participant.  The social security number which appears on the applicant's NGB Form 22 (Report of Separation and Record of Service) in Item 3 (Social Security Number) is 358-**-****.

12.  The applicant provided a copy of his Social Security Card.  This card shows the number 354-**-****, a number totally different from the number he used throughout his military service.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to change his social security number from 358-**-**** to 354-**-**** was carefully considered; however, the evidence shows that the applicant used the number 358-**-**** throughout his military service in the Army National Guard.

2.  The evidence shows the applicant's social security number was verified by his recruiter from the applicant's social security card.  All his enlistment documents show the same number beginning with the numbers 358.  The applicant served on active duty and completed IADT and on his release from IADT, he was provided a DD Form 214.  The number that was used as his social security number on the DD Form 214 was 358-**-***.

3.  The evidence shows that the applicant continued his service in the ILARNG until he was discharged.  When he was discharged, the social security number used on his NGB Form 22 was the same as had been used while he was on IADT, 358-**-****.


4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed; however, the applicant is advised that a copy of this Board action will be filed in his military personnel record so a record of what he alleges to be his social security number will be available to be viewed by those having an official need to know.

5.  Based on the evidence in this case, the applicant is not entitled to a correction of his record to show the number 354-**-**** as his social security number.

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)                                         AR20080012067



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012067



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1