IN THE CASE OF:	  

		BOARD DATE:	       30 October 2008

		DOCKET NUMBER:  AR20080015179 


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) to show his Social Security Number (SSN) as “xx7-xx-x1xx” instead of "xx9-xx-x7xx.”

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

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  A copy of his Social Security Card;

	b.  DD Form 214, dated 29 August 1969;

	c.  DD Form 215 (Correction to the DD Form 214), dated 6 June 2008;

	d.  Honorable Discharge Certificate, dated 30 August 1972;

	e.  DA Form 137 (Installation Clearance Record), dated 28 August 1969;

	f.  Military Pay Vouchers, for the periods February 1967, April 1967, and June 1969; and

	g.  Social Security Administration Retirement, Survivors, and Disability Insurance Notice of Award, dated 28 March 2008.
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 31 August 1966.  His military service records contain a DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 21 August 1966 that shows his Service Number; however, this form does not show the applicant’s SSN.

3.  Armed Forces Examining and Entrance Station (AFEES), St. Louis, Missouri, Special Orders Number 174, dated 31 August 1966, show the applicant was ordered assigned to the U.S. Army Reception Station, Fort Leonard Wood, Missouri.  The orders listed the applicant’s Service Number, but not his SSN.

4.  On 31 August 1966, the applicant completed a DD Form 98 (Armed Forces Security Questionnaire), using his Service Number.  He did not use his SSN.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record), dated 7 September 1966 and audited on 25 November 1968, shows the applicant’s SSN as “xx9-xx-x7xxx.”  The applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).

6.  On 7 September 1966, the applicant completed a DA Form 3027 (U.S. Army Request for National Agency Check).  He listed his SSN as "xx7-xx-x1xx." 

7.  On 1 February 1968, Headquarters, 43rd Engineer Battalion, Fort Leonard Wood, published Special Orders Number 19, awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, and showed his SSN as
"xx7-xx-x1xx."

8.  On 7 February 1968, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published Special Orders 38, reassigning the applicant to the Republic of Vietnam, and showed his SSN as "xx7-xx-x1xx."

9.  The applicant’s military service records further show that he served in the Republic of Vietnam from 14 March 1968 to 3 October 1968, in military occupational specialty (MOS) 51H (Carpenter).  

10.  On 21 March 1968, Headquarters, 69th Engineer Battalion (Construction), Republic of Vietnam, published Special Orders Number 67, reassigning the applicant to the 69th Engineer Battalion, and showed his SSN as "xx7-xx-x1xx."

11.  On 10 January 1969, Headquarters, U.S. Army Training Center, Fort Leonard Wood, published Special Orders Number 13, announcing the applicant's promotion to specialist five (SP5)/E-5, and showed his SSN as "xx7-xx-x1xx."

12.  The applicant's DA Form 137, dated 28 August 1969, shows the applicant's SSN as "xx7-xx-x1xx."

13.  On 29 August 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item, 3 (Social Security Number) of the DD Form 214 he was issued at the time shows his SSN as "xx9-xx-x7xx."

14.  On 26 July 1972, the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center (USARCPAC), St. Louis, Missouri, published Letter Orders Number 07-1249916, discharging the applicant from the USAR Control Group, effective 30 August 1972.  The orders show the applicant’s SSN as “xx7-xx-x1xx.” 

15.  On 6 June 2008, the applicant was issued a DD Form 215 that corrected the seventh digit of his SSN from "7" to "1." 

16.  The applicant provided copies of his Military Pay Vouchers for the months of February 1967, April 1967, and June 1969, which shows his SSN as               "xx7-xx-x1xx."

17.  The applicant submitted a copy of his Social Security Card, which shows his SSN as “xx7-xx-x1xx.”


18.  Army Regulation 635-5 (Personnel Separations) 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 Social Security Number recorded on his DD Form 214 should be corrected.

2.  The evidence of record shows that the applicant used "xx7-xx-x1xx" as his SSN throughout his entire military service.  It is unclear why his DA Form 20 that was created upon his entry into the Army contained the number "9" in the third digit and the number "7" in the seventh digit, whereas all his other military personnel records contain the correct SSN.  It is also unclear why the DD Form 215 that was issued on 6 June 2008 corrected the seventh digit of the applicant's SSN, but not the third digit.

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.  The applicant in this case provided convincing independent and verifiable evidence that shows his SSN was incorrectly shown on his DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show “xx7-xx-x1xx" as the correct SSN.

BOARD VOTE:

___X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 deleting the entry "xx9-xx-x7xx" and replacing it with the entry "xx7-xx-x1xx" on his DD Form 214, dated 29 August 1969.


															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)                                         AR20080015179



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ABCMR Record of Proceedings (cont)                                         AR20080015179



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