IN THE CASE OF:	  

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014426 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 December 1971 to show his Social Security Number (SSN) as “xx8-xx-xxxx” instead of "xx5-xx-xxxx.”

2.  The applicant states, in effect, that his SSN is incorrectly shown on his DD Form 214.

3.  The applicant provides a copy of his Social Security Card; and copies of his DD Forms 214, dated 20 December 1970 and 12 September 1972 in support of his 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 records show he enlisted in the Regular Army for a period of 3 years on 23 January 1969.  Item 19 (Social Security Number) of his DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 23 January 1969, shows the entry "xx4-xx-xxx."  The applicant authenticated this form by placing is signature in Item 57 (Oath of Enlistment-Signature).

3.  Armed Forces Examining and Entrance Station (AFEES), Detroit, Michigan, Special Orders Number 16, dated 23 January 1969, show the applicant’s SSN as "xx4-xx-xxx."

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his SSN as “xx5-xx-xxxxx.”  The DA Form 20 was audited on 16 December 1971 and the applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).  

5.  On 2 December 1969, the applicant was issued a Certificate of Clearance and/or Security Determination.  This certificate shows his SSN as "xx5-xx-xxxx."

6.  The applicant's records show that he was issued various assignment and/or reassignment orders on miscellaneous dates throughout his military service, showing his SSN as "xx5-xx-xxxx."

7.  On 29 September 1971, the applicant completed a Servicemen's Group Life Insurance Election Certificate.  His SSN is shown as "xx5-xx-xxxx."  He authenticated this form by placing his signature in the appropriate place.

8.  On 19 December 1971, the applicant completed a DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement).  He used the SSN "xx5-xx-xxx" and authenticated this form by placing his signature in Item 7 (Signature of Separatee).

9.  Prior to separation, the applicant out-processed his unit using a DA Form 137 (Installation Clearance Record) that listed his SSN as "xx5-xx-xxxx."  He again authenticated this form by placing his signature in the appropriate place.

10. On 20 December 1971, Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey, published Special Orders Number 354 ordering the applicant's separation.  The orders listed the applicant's SSN as "xx5-xx-xxxx."  



11.  On 20 December 1971, the applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 3 of the DD Form 214 he was issued shows his SSN as "xx5-xx-xxxx."

12.  The applicant submitted a copy of his Social Security Card that shows his SSN as "xx8-xx-xxxx."

13.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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 contends that his SSN is incorrectly shown on his DD Form 214, dated 20 December 1971.

2.  The evidence of records show the applicant used the number 4 as the third digit of his SSN when he enlisted.  It is unclear why this number was changed to 5 during the period covered by the DD Form 214.  However, his DA Form 20 that was created upon his entrance into the Army confirms that at the time, he was assigned a SSN that contained the number 5 as the third digit.  Furthermore, it appears that the applicant consistently indicated and certified that his SSN contained the number 5 as the third digit.  Most of his military documents show the number 5 as the third digit of his SSN, to include his DD Form 214.  There is no indication that he used the number 8 as the third digit of his SSN.

3.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant’s military service records, including the DD Forms 214 issued on 20 December 1971 was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this 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.




      _______ _   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)                                         AR20080014426



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ABCMR Record of Proceedings (cont)                                         AR20080014426



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