IN THE CASE OF:	  

		BOARD DATE:	  	  18 February 2009

		DOCKET NUMBER:  AR20080016669 


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 documents to show his correct social security number (SSN).

2.  The applicant states, in effect, that the SSN on his discharge documents show the SSN 3##-30-2007; however, his SSN is 2##-76-2889.

3.  The applicant provides copies of his NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service in the Army National Guard of Alabama) (ALARNG) with an effective date of 30 June 1966; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 May 1969; DD Form 256A (Honorable Discharge Certificate), dated 8 November 1971; and Army National Guard (ARNG) Retirement Points History Statement, dated 8 January 2004.

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 personnel records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows the applicant enlisted in the Regular Army (RA) and entered active duty for a period of three years on
21 June 1966.  The DD Form 4 also shows that the applicant had prior service in the ARNG with no active Federal military service.  Item 2 (Service Number) contains the entry “RA 2# ### 428.”  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 personnel records contain copies of Headquarters,
173rd Airborne Brigade (Separate) [Vietnam], Special Orders Number 32 (Extract), paragraphs 66 and 68, dated 1 February 1968, pertaining to the applicant’s promotion to specialist four (SP4)/pay grade E-4 and military occupational specialty (MOS) action.  The orders show, in pertinent part, the applicant’s Service Number as “RA 2# ### 428” and his SSN as “2##-76-2889.”

4.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).  Item 1 (Name and Service Number) shows the applicant’s Service Number as “RA 2# ### 428” and his SSN as "3##-30-2007."

5.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 127, dated 7 May 1969, that show the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, Missouri.  These orders show the applicant’s Service Number as “RA2####428” and his SSN as "3##-30-2007."

6.  The applicant's military personnel records contain his DD Form 214 that shows he entered active duty this period on 21 June 1966 and he was honorably REFRAD on 7 May 1969.  Item 2 (Service Number) contains the entry
“RA 2# ### 428” and Item 3 (Social Security Number) shows his SSN as
“3##-30-2007.”

7.  The applicant's military personnel records contain a VA Form 07-3101 (Veterans Administration Request for Information), dated 13 December 1969, that was submitted in support of the applicant’s VA claim.  This document shows, 
in pertinent part, the applicant indicated that he enlisted on 21 June 1966 and was honorably REFRAD on 7 May 1969.  Item 9 (All Service Numbers) contains the entries “2# ### 428” and “SSN:  2## 76 2889.”

8.  The applicant's military personnel 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 10-1240242, dated 27 October 1971, that honorably discharged the applicant from the USAR Control Group (Standby), effective 8 November 1971.  The orders show the applicant’s SSN as "3##-30-2007."

9.  The applicant’s military personnel records contain a DD Form 4 that shows the applicant enlisted in the ARNGUS and the State of Georgia ARNG (GAARNG) on 21 May 1986.  Item 2 (Social Security Number) contains the entry
“2##-76-2889.”  The DD Form 4 also shows the applicant had previous military service of 2 years, 11 months, and 17 days total active military service and
2 years, 6 months, and 22 days of total inactive military service.

10.  The applicant’s military personnel records contain a DD Form 1966 (Record of Military Processing - Armed Forces of the Unite States), dated 21 May 1986, that was completed in conjunction with his enlistment in the GAARNG.  Item
1 (Social Security Number) contains the entry “2##-76-2889.”  Section IV (Remarks), Item 39 (Remarks), in pertinent part, shows the applicant indicated he had prior active duty service in the U.S. Army from 21 June 1966 to 7 May 1969 and in the USAR from 7 (sic) May 1969 to 12 December 1970 (sic).

11.  The applicant's military personnel records contain a copy of Headquarters, The Adjutant General, State of Georgia, Ellenwood, Georgia, Orders 244-022, dated 31 August 2004, that show the applicant was discharged from the ARNG, effective 31 August 2004, and transferred to the USAR Control Group (Retired Reserve), St. Louis, on 1 September 2004.  These orders show the applicant’s SSN as "2##-76-2889."

12.  The applicant’s military personnel records contain an NGB Form 22 that shows he enlisted in the ARNGUS and GAARNG on 21 May 1986, was honorably discharged on 31 August 2004, and transferred to the USAR Control Group (Retired Reserve).  Item 3 (Social Security Number) contains the entry “2##-76-2889.”

13.  The applicant’s military personnel records contain an NGB Form 55b (Honorable Discharge Certificate) that shows the applicant was honorably discharged from the GAARNG on 31 August 2004 and transferred to the U.S. Army Retired Reserve.  This document also shows, in pertinent part, the applicant’s SSN as “2##-76-2889.”

14.  The applicant's military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he entered active duty this period on 11 June 1987 and he was honorably retired on
31 August 2004 based on sufficient service for retirement.  Item 3 (Social Security Number) contains the entry “2##-76-2889.”

15.  The applicant’s military personnel records contain an ARNG Current Annual Statement that documents the applicant’s points earned towards retirement and, in pertinent part, shows his SSN as “2##-76-2889.”

16.  In support of his application, the applicant provides, in pertinent part, the following additional documents.

     a.  NGB Form 22 that shows he enlisted in the ARNGUS and ALARNG for a period of six years on 23 October 1963 and was honorably discharged on
30 June 1966.  Item 2 (Service Number) appears to contain the entry
“NG2##9#428.”  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.

     b.  DD Form 256A that shows the applicant was honorably discharged from the U.S. Army on 8 November 1971.  This document shows, in pertinent part, the applicant’s SSN as “3##-30-2007.”

17.  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.

18.  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, or any other document authorized for filing in the Official Military Personnel File.  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.”

19.  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 with an effective date of 7 May 1969 and DD Form 256A issued on 8 November 1971 should be corrected to show his SSN as “2##-76-2889” because his SSN was incorrectly recorded on these documents at the time he was REFRAD and discharged from the USAR.

2.  The evidence of record shows that the applicant enlisted in the RA on 21 June 1966 and his SSN was subsequently recorded in his military service records as “2##-76-2889” and "3##-30-2007."

3.  The evidence of record shows that the applicant was honorably REFRAD on
7 May 1969 and honorably discharged from the USAR on 8 November 1971.  The evidence of record also shows the SSN that was recorded on his DD Form 214 with an ending date of 7 May 1969, DD Form 256A dated 8 November 1971, and discharge orders dated 27 October 1971 was "3##-30-2007"; however, this SSN that was entered on these documents were in error.

4.  The evidence of record shows upon reentry of the applicant in the ARNGUS and GAARNG on 21 May 1986 and through the date he honorably retired on
31 August 2004, his SSN was correctly and consistently recorded in his military service records as “2##-76-2889.”  Thus, the preponderance of documentary evidence presented in this case shows that the applicant's SSN is “2##-76-2889.” Therefore, in view of all of the foregoing, it would be appropriate to correct the SSN recorded on the applicant’s DD Form 214 with an ending date of 7 May 1969, DD Form 256A dated 8 November 1971, and discharge orders dated
27 October 1971 to reflect “2##-76-2889.”



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:

   a.  deleting from Item 3 of the applicant's DD Form 214 with an ending date of 7 May 1969 the entry “3##-30-2007”;

	b.  adding to Item 3 the entry “2##-76-2889”;

   c.  amending Headquarters, Office of The Adjutant General, USAR Personnel and Administration Center, St. Louis, Missouri, Letter Order Number 10-1240242, dated 27 October 1971, to show the applicant’s SSN as "2##-76-2889"; and

     d.  issuing the applicant a corrected DD Form 256A, dated 8 November 1971.



      __________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)                                         AR20080016669



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ABCMR Record of Proceedings (cont)                                         AR20080016669



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