IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080012614 


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 that his social security account number (SSN) on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 May 1967 and his discharge documents be changed to***-**-1466.

2.  The applicant states the SSN on his DD Form 214 and his discharge documents is incorrect.

3.  The applicant provides, in support of his application, copies of a card from the South Carolina Department of Health and Environmental Control, Division of Vital Records in Columbia, South Carolina; his Honorable Discharge Certificate; his discharge orders; his DD Form 214; two statements, dated 17 March 2000 and 
23 July 2008; four documents from the Social Security Administration; and a copy of his SSN card.

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 personnel record shows he was inducted on 24 May 1965 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty  11B (Light Weapons Infantryman).

3.  The applicant's DD Form 47 (Record of Induction) does not contain any entries or information concerning an SSN.  At the time of his induction, military members were identified by a military service number.  He is identified by his military service number, US ****4118, throughout his military personnel record.  

4.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his military service number as US****4118 and a 
SSN ***-03-****.  However, the entry ***-03-**** has a single line drawn through it.

5.  On 23 May 1967, the applicant was released from active duty.  Item 3 (Social Security Number) of his DD Form 214, signed by the applicant, shows his SSN as ***-63-****.

6.  The applicant's discharge orders and Honorable Discharge Certificate identify him with the SSN ***-03-****.

7.  In a statement, dated 17 March 2000, the applicant affirms that his SSN 
is ***-**-1466 and that the SSN ***-63-**** is incorrect.

8.  A Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 2 February 2000, submitted by the applicant, contains a statement that the SSN ***-63-**** appears to be invalid.  However, the numeral 6 is written over the numeral 5 on the form.

9.  A form letter, Social Security Number Verification, from the Department of Health & Human Services, Social Security Administration, dated 15 March 2000, indicates that the records at the Social Security Administration show the 
SSN ***-**-1466 is assigned to W****r, J***s W***e (same name as the applicant) whose date of birth is 26 December 1943.

10.  The card, submitted by the applicant, from the South Carolina Department of Health and Environmental Control, Division of Vital Records in Columbia, issued on 8 January 2004, records the applicant's date of birth as 25 December 1943.
11.  A Social Security Administration, Social Security Number Printout, submitted by the applicant, indicates the SSN ***-**-1466 is assigned to W****r, J***s W***e (same name as the applicant).

12.  A Form SSA-2458, dated 22 May 2008, submitted by the applicant, that W****r, J***s W***e's (same name as the applicant) SSN is ***-**-1466.  However, the form also indicates the records at the Social Security Administration show the date of birth as 26 December 1943.

13.  The applicant submitted an unsigned Social Security Card showing his name and the SSN ***-**-1466.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN on his DD Form 214 and other discharge documents should be changed to ***-**-1466.

2.  At the time of the applicant's induction, military members were identified by the use of a military service number.  There is no evidence or official documentation that shows when the applicant applied for a SSN or what SSN he was issued at that time.  

3.  The evidence in this case provides three SSNs for the applicant.  The card from the South Carolina Department of Health and Environmental Control, Division of Vital Records shows the applicant's date of birth as 25 December 1943.  However, documents from the Social Security Administration reflect a date of birth of 26 December 1943.

4.  The applicant signed his DD Form 214 when he was released from active duty, certifying the information was correct.  

5.  There is too much conflicting evidence in this case to determine exactly which SSN was actually issued to the applicant in the beginning.  Therefore, there is insufficient evidence to show which of the three SSNs is or was truly assigned to the applicant.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.



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)                                         AR20080012614



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ABCMR Record of Proceedings (cont)                                         AR20080012614



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