IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080013193 


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 (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued on 13 August 1968 be corrected, and that his service number shown on his DD Form 214 that was issued on 23 May 1969 be corrected.

2.  The applicant essentially believes that the aforementioned errors on his 
DD Forms 214 were typographical errors. 

3.  The applicant provides his DD Forms 214 that were issued on 13 August 1968 and 23 May 1969 in support of this application.  Although the applicant indicated that he also provided a copy of his social security card, it was not received with the other documents from the applicant.

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 enlisted in the Regular Army (RA) on 30 September 1966, and that he was issued service number 
RA 11 XXX 043.  On 14 August 1968, he reenlisted in the RA with the same service number.  The DD Form 214 that was issued at the time of his discharge on 13 August 1968 essentially shows that his service number was 
RA 11 XXX 043, and that his SSN was 229-XX-XXXX, which are the same service number and SSN shown in item 1 (Name and Service Number) of his 
DA Form 20 (Enlisted Qualification Record) and throughout the vast majority of the documents in his military records.  

3.  On 23 May 1969, the applicant was discharged under the provisions of Army Regulation 635-212 (Discharge – Unfitness and Unsuitability) due to unsuitability due to a personality disorder.  The DD Form 214 that was issued at the time of his discharge on 23 May 1969 shows that his service number was 
RA 11 XXX 093, and that his SSN was 299-XX-XXXX.  This DD Form 214 was voided when the Army Discharge Review Board upgraded his character of service from his discharge on 23 May 1969 to honorable in 1982, and issued him a new DD Form 214 (Certificate of Release or Discharge from Active Duty) for his active duty service from 14 August 1968 to 23 May 1969.  Item 18 (Remarks) of this document shows that the applicant's incorrect service number was corrected to read RA 11 XXX 043, and item 3 (Social Security Number) of this document shows that his incorrect SSN was corrected to read 229-XX-XXXX.  

4.  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 his SSN shown on his DD Form 214 that was issued on 13 August 1968 should be corrected, and that his service number shown on his DD Form 214 that was issued on 23 May 1969 should be corrected.

2.  While it is unclear why the applicant believes that his SSN is incorrect on his DD Form 214 that was issued on 13 August 1968, the preponderance of the documents in his military records with a SSN show that his SSN is 
229-XX-XXXX, which is also what is shown on his DD Form 214 that was issued on 13 August 1968.  As the applicant did not provide any evidence which proves, by a preponderance of the evidence, that this SSN is incorrect, there is no basis for correcting his SSN on his DD Form 214 that was issued on 13 August 1968.

3.  While the applicant contends that his service number on his DD Form 214 that was issued to him on 23 May 1969 was incorrect, both his service number and SSN were incorrectly entered on this document.  However, this DD Form 214 has already been voided, and in 1982, a new DD Form 214 was issued to cover his active duty service from 14 August 1968 to 23 May 1969, and his incorrect service number and SSN were corrected at that time.  As it appears that the relief being requested by the applicant on his last DD Form 214 has already been granted, there is no basis for correcting this information a second time. 

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)                                         AR20080013193



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ABCMR Record of Proceedings (cont)                                         AR20080013193



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