IN THE CASE OF:	  

		BOARD DATE:	       30 JUNE 2009

		DOCKET NUMBER:  AR20090001410 


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

2.  The applicant states he was told by the Social Security Administration that he was using the wrong SSN.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 23 January 2009; and a copy of his social security card 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 enlisted in the Regular Army (RA) on 15 July 1966 and successfully completed basic combat and advanced individual training.  Upon completion of training, he was awarded military occupational specialty (MOS) 76A (Supply Clerk).  He served in Vietnam from 18 January 1968 through
23 August 1969.  He was honorably released from active duty on 14 May 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows  
3xx-1x-4xxx.  Item 30 (Remarks) of this DD Form 214 also contains the entry "EM [enlisted member] indicates SSAN should be 3xx-1x-2xxx."

4.  A DA Form 428 (Application for Identification Card), dated 3 December 1968, shows his SSN as 3xx-1x-2xxx.

5.  A HQ Form 241 (Fingerprint Identification) card, dated 21 January 1969, shows his SSN as 3xx-1x-2xxx.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared on
20 July 1966 and last audited by the applicant on 29 September 1969 shows his SSN as 3xx-1x-4xxx.

7.  The applicant's separation orders, dated 13 May 1970, show his SSN as
3xx-1x-4xxx.

8.  The Form SSA-2458 and the copy of the applicant's social security card show his SSN is 2xx-5x-8xxx.

9.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states 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's contention that his records should be corrected to show his correct SSN has been carefully considered.


2.  While the Form SSA-2458 from the Social Security Administration and the copy of his social security card show his SSN as 2xx-5x-8xxx, his official military records show he served on active duty under both 3xx-1x-2xxx and 3xx-1x-4xxx. There is no evidence of record and the applicant has not provided sufficient evidence that shows what his actual SSN should have been at the time of enlistment.

3.  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 SSNs 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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  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.  

4.  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 SSNs recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

5.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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.



      ________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)                                         AR20090001410



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001410



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1