IN THE CASE OF:	  

		BOARD DATE:	  	  21 April 2009

		DOCKET NUMBER:  AR20090000596 


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

2.  The applicant states, in effect, that the SSN on his discharge document shows the SSN ###-##-7922; however, his SSN is ###-##-7622.

3.  The applicant provides copies of a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 1 December 2001; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 June 1968; and a copy of his Social Security Card.

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 47 (Record of Induction) that shows the applicant was inducted in the Army of the United States (AUS) for a period of 2 years on 8 August 1966.  Item 2 (Service Number) contains the entry "US5####607."  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 an FB (ATC) Form 3 (Processing Data Card) that is attached to the applicant's DD Form 47.  This document shows the applicant's SSN as "###-##-7622."

4.  The applicant’s military personnel records contain a DA Form 3027 (U.S. Army Request for National Agency Check), dated 22 August 1966.  Block 4 (Social Security Number) contains the entry "###-##-7622."

5.  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 is typed as "US 5# ### 607" and his SSN is handwritten on the form as "###-##-7922."  Two other pertinent entries on this document show it was created on 16 August 1966 and audited on 9 January 1968.

6.  The applicant's military personnel records contain his DD Form 214 that shows he entered active duty this period on 8 August 1966, was honorably released from active duty (REFRAD) on 20 January 1968, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  Item 2 (Service Number) contains the entry "US 5# ### 607" and item 3 (Social Security Number) shows his SSN as 
"###-##-7922."

7.  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 07-1283224, dated 26 July 1972, that honorably discharged the applicant from the USAR Control Group (Standby), effective 7 August 1972.  The orders show the applicant’s SSN as "###-##-7922."

8.  In support of his application, the applicant provides, in pertinent part, a copy of his Social Security Card that shows his SSN as "###-##-7622."

9.  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.

10.  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 state, "verify accuracy with the SSN of record."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his SSN as "###-##-7622" because his SSN was incorrectly recorded on the document at the time he was REFRAD.

2.  The evidence of record shows that the applicant was inducted into the AUS on 8 August 1966 and his SSN was subsequently accurately recorded in his military service records as "###-##-7622."  It is noted, on one occasion, the applicant's SSN was erroneously handwritten on his DA Form 20 as 
"###-##-7922."  Thus, the preponderance of documentary evidence presented in this case shows that the applicant's SSN is "###-##-7622."

3.  The evidence of record shows that the applicant was honorably REFRAD on 20 January 1968 and honorably discharged from the USAR on 7 August 1972.  The evidence of record also shows the SSN that was recorded on his DD Form 214 and discharge orders was "###-##-7922."  Thus, the evidence of record clearly shows that the SSN that was entered on the applicant’s DD Form 214 and discharge orders is in error.  Therefore, it would be appropriate to correct the SSN on his DD Form 214 and discharge orders to reflect 
"###-##-7622."



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.  correcting his DD Form 214 with an effective date of 20 January 1968 by:

		(1)  deleting from item 3 the entry "###-##-7922,"

		(2)  adding to item 3 the entry "###-##-7622"; and

	b.  correcting Headquarters, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 07-1283224, dated 26 July 1972, to show his SSN as "###-##-7622."



      _______ _   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)                                         AR20090000596



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000596



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1