IN THE CASE OF:	  

		BOARD DATE:	  30 April 2009

		DOCKET NUMBER:  AR20080019372 


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 he would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to reflect his correct social security number (SSN).

2.  The applicant states, in effect, that he initially received the SSN listed on his DD Form 214; however, 2 years after his separation, he was informed by the Social Security Administration (SSA) that he was issued a duplicate SSN and was issued a new SSN.

3.  The applicant provides a health insurance card, social security card, DD Form 214, and USAAC Form 172 (Option to Extend Ready Reserve Obligation) 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.  On 28 August 1965, in connection with the applicant's processing for induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personnel History).  The title page of this document lists the military service number assigned to the applicant and he entered the SSN he now claims is incorrect in item 13 (Social Security No.).

3.  On 1 September 1965, the applicant was inducted into the AUS and entered active duty.  His DD Form 47 (Record of Induction) and the DA Form 20 (Enlisted Qualification Record) completed at the time of his entry into military service both used the assigned service number for identification and did not list the SSN.

4.  The applicant's military personnel records jacket is void of any other documents containing his SSN prior to the issuance of his DD Form 214.

5.  On 31 August 1967, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group after completing a total of 2 years of active military service in the Army.  The DD Form 214 issued to him at the time lists the SSN he now states is in error.

6.  The applicant's official military personnel file (OMPF) contains a USAAC Form 170 (Army Reserve Personnel Data Review), dated 29 October 1967.  This document shows the applicant requested his records be corrected to add the SSN he now claims is in error.

7.  The applicant's OMPF also contains a USAAC Form 172 (Option to Extend Ready Reserve Obligation), dated March 1970.  This document shows the applicant requested his SSN be corrected to the SSN he now states is correct.

8.  In addition, the applicant's OMPF contains United States Army Reserve Components Personnel and Administration Center (RCPAC) Letter Orders Number 08-1165698, dated 18 August 1971, which list the SSN he now claims is correct.

9.  The applicant's OMPF further contains RCPAC Letter Orders Number 
02-1044976, dated 27 February 1973, which list the SSN he now claims is in error.

10.  The applicant provides a copy of his SSN card and Medicare Health Insurance card which reflect the SSN he now claims is correct.  The applicant provides no official explanation from the SSA explaining the issuance of duplicate SSNs.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item-by-item instructions for completion of the DD Form 214 and it states, in pertinent part, that the SSN listed in the separation document will be taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SSN contained on his DD Form 214 is incorrect was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the SSN shown on the applicant's DD Form 214 is identical to the SSN he listed on his DD Form 398 during his induction processing and under which he served, as he admits in his application. It also contains a USAAC Form 170, dated 29 October 1967, almost 2 months after his release from active duty, in which he requested the SSN he now claims is incorrect be added to his record and confirms the SSN he now claims is incorrect is the one under which he entered military service, performed his military service, and was separated from military service.

3.  Although the applicant now claims that the SSN on the copies of his social security card and medical insurance card is now his correct SSN, he fails to provide an explanation from the SSA or any other source that explains the use of these duplicate SSNs.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  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.  As a result, given it is clear the SSN listed on the applicant's DD Form 214 was the one under which he was inducted, served, and was separated, absent any evidence that the SSN listed on the DD Form 214 has or will result in a serious injustice to the applicant, it would not be appropriate to change the DD Form 214 to list an SSN issued subsequent to his completion of active duty service.

4.  This Record of Proceedings, along with the application and supporting documents submitted by the applicant, will be filed in his OMPF to provide clarity for any confusion that might arise regarding his different SSNs.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant’s military record regarding the SSN under which he served and document the SSN he now claims is correct.

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)                                         AR20080019372



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019372



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1