IN THE CASE OF:	  

		BOARD DATE:	  	  20 November 2008

		DOCKET NUMBER:  AR20080013070 


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, correction of his discharge document to show his correct social security number (SSN).

2.  The applicant states, in effect, that the SSN on his discharge document shows the SSN ###-##-7696; however, his SSN is ###-##-7596.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
8 September 1968, and his Social Security Administration, Social Security Account Number 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 service records contain a DD Form 47 (Record of Induction) that shows the applicant was inducted into the Army of the United States on 14 September 1966.  Item 2 (Service Number) contains the entry “US5# ##2 042.”  The document does not show the applicant’s SSN, as the U.S. Armed Forces were not using the SSN as a means of personal identification at the time.

3.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Artillery and Missile Center, Fort Sill, Oklahoma, Special Orders Number 270, dated 30 November 1967, directing the applicant’s reassignment overseas to Vietnam.  The orders show, in pertinent part, the applicant’s Service Number as “US5# ##2 042” and his SSN as “###-##-7596.”

4.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 1 (Name and Service Number), in pertinent part, shows the applicant’s Service Number as “US5# ##2 042” and his SSN as
"###-##-7596."  Item 47 (Signature of Individual) shows the document was reviewed and authenticated by the applicant on 19 September 1966 and audited by him on 23 January 1968.

5.  The applicant's military service records contain a copy of Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders Number 252, dated
8 September 1968, that released the applicant from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), U.S. Army Administration Center, St. Louis, Missouri.  These orders show the applicant’s Service Number as “US 5# ##2 042” and his SSN as "###-##-7596."

6.  The applicant's military service records contain his DD Form 214, with an effective date of 8 September 1968.  Item 2 (Service Number) contains the entry “US 5# ##2 042” and Item 3 (Social Security Number) shows his SSN as
“###-##-7696.”  Item 32 (Signature of Person Being Transferred or Discharged) shows the document was authenticated by the applicant at the time of his separation.

7.  The applicant's military service records contain a copy of Headquarters, Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 08-1321201, dated 23 August 1972, that honorably discharged the applicant from the USAR (Standby Reserve), effective 13 September 1972.  These orders show the applicant’s SSN as "###-##-7696."

8.  In support of his application, the applicant provides the following documents:

     a.  A copy of his DD Form 214, with an effective date of 8 September 1968, which was previously introduced and considered in this Record of Proceedings.

     b.  Social Security Social Security Administration, Social Security Account Number Card that shows the applicant’s SSN as “###-##-7596.”

9.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Enlisted Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF). Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 3 (Social Security Number) state, “verify accuracy with the SSN of record.”

11.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show that his SSN as “###-##-7596” because his SSN was incorrectly recorded on the document when he was released from active duty.

2.  The evidence of record shows that SSN “###-##-7596” has been issued to the applicant by the Social Security Administration.

3.  The evidence of record shows that the applicant was inducted into the Army on 14 September 1966 and his SSN was subsequently recorded in his military service records as “###-##-7596.”  The evidence of record also shows that his SSN was correctly and consistently recorded in his military service records up until the date of his release from active duty.

4.  The evidence of record shows that the applicant was honorably released from active duty on 8 September 1968 and honorably discharged from the USAR on 13 September 1972.  The evidence of record also shows that the SSN that was recorded on his DD Form 214 and discharge orders was "###-##-7696."  Thus, the evidence of record clearly shows that the SSN that was entered on the applicant’s DD Form 214 and discharge orders is in error.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 and discharge orders.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  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 all Department of the Army records of the individual concerned be corrected by:

     a.  correcting his DD Form 214 with an effective date of 8 September 1968 by:
  
          (1)  deleting from Item 3 the entry “###-##-7696”;

          (2)  adding to Item 3 the entry “###-##-7596”; and



     b.  correcting Headquarters, Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 08-1321201, dated 23 August 1972, to show his SSN as "###-##-7596."




      _______ _   _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)                                         AR20080013070



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ABCMR Record of Proceedings (cont)                                         AR20080013070



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