IN THE CASE OF:	  

		BOARD DATE:	  	   3 March 2009

		DOCKET NUMBER:  AR20080016475 


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 the social security number on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that the social security number (SSN) on his DD Form 214 is incorrect.

3.  The applicant provided a copy of his DD Form 214, a copy of a social security card, and a copy of Letter Orders Number 09-423413 issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, Missouri in support of this 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 DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 28 September 1966.  He was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewmen).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

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 ****3832, throughout his military personnel record.  

4.  The applicant's record contains a copy of Special Orders Number 183, Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington dated 1 July 1968, which shows his SSN as 6**-4*-**24.

5.  On 1 July 1968, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year, 9 months, and 
4 days of active military service.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Separated), which indicates that he verified that the information contained in the separation document was correct at the time it was issued.

6.  Item 3 (Social Security Number) of the applicant’s DD Form 214 shows his SSN upon discharge as 6**-4*-**24.  

7.  The applicant's record contains an USAAC Form 170 (Army Reserve Personnel Data Review), dated 17 September 1968, more than two months after his release from active duty and transfer to the USAR.  This form reflects the following:  Item A1 (Data Item – Social Security Account No); B (Information Now on File) – 6**-4*-**24; C (Make Necessary Correction or Change) – 4**--5*-**82.

8.  The applicant submitted a copy of Letter Orders Number 09-423413, USAR Components Personnel and Administration Center, St. Louis, dated
15 September 1971, which shows his social security number as 4**-5*-**82.

9.  The applicant provides a copy of a social security card.  This card shows the applicant's SSN as 4**-5*-**82, the account number he now claims is the correct number.

10.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation provided, in pertinent part, the Soldier's SSN would be entered in item 3 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SSN contained on his DD Form 214 is incorrect was carefully considered and found to lack merit. 

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 an SSN or what SSN he was issued at that time.  

3.  The evidence of record shows that the applicant authenticated the DD Form 214 issued to him on 1 July 1968 by signing Item 32, indicating that he reviewed the form, to include his SSN, and accepted the information as being correct to the best of his knowledge.  Lacking convincing independent evidence to the contrary, the Board concludes that the applicant’s DD Form 214, issued on 1 July 1968, was correct at the time it was issued and there is no basis for changing it at this time.

4.  Although the applicant now claims that the SSN shown on the copy of his Social Security Card that he now provides is correct, and the one recorded on his DD Form 214, dated 1 July 1968, is incorrect, he fails to provide an official explanation from the Social Security Administration, or any other source, that 
explains the reason for issuance or use of two different SSNs.  His record also contains a USAAC Form 170 that shows it was brought to the attention of the USAR that there was a correction or change to his SSN.  However, again there is no evidence of record and the applicant did not provide any to confirm when he was issued the SSN that he now claims is the correct one.

5.  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.

6.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

7.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

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)                                         AR20080016475



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ABCMR Record of Proceedings (cont)                                         AR20080016475



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