IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090001673 


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 military service records to show his correct Social Security Number (SSN).

2.  The applicant states, in effect, that the SSN recorded on his DD Form 214 (Report of Separation from Active Duty) shows his SSN as 4#9-#8-4957; however, his SSN is 4#9-#8-4296.

3.  The applicant provides copies of his DD Form 214 with an effective date of
19 March 1975 and Social Security Administration, 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.  A DD Form 398 (Statement of Personal History), dated 26 August 1974, shows in Item 13 (Employment), Social Security Number, that the applicant entered "4#9-#8-4957."  This document also contains the statement "I certify that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith.  I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both (See U.S. Code, Title 18, section 1001)."  The DD Form 398 also shows that the applicant placed his signature on the document, along with a witness, on
26 August 1974.

3.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Regular Army and entered active duty for a period of 3 years on 28 August 1974.  Item 2 (Service Number/SSAN) contains the entry "4#9#84957."  The DD Form 4 also shows that the applicant placed his signature on the document.

4.  An Armed Forces Fingerprint Card, dated 3 September 1974, in pertinent part, shows that the applicant’s SSN was recorded as "4#9-#8-4957."

5.  The applicant’s DA Forms 2 and 2-1 (Personnel Qualification Records), Parts I and II, show in Item 2 (SSN) that his SSN is recorded as "4#9-#8-4957."

6.  The applicant’s DD Form 214 shows he entered active duty on 28 August 1974 and was discharged under honorable conditions on 19 March 1975.  Item 3 (Social Security Number) shows his SSN as "4#9 #8 4957."  Item 32 (Signature of Person Being Separated) shows the document was authenticated by the applicant at the time of his separation.

7.  In support of his application, the applicant provides a copy of a Social Security Administration, Social Security Card that shows the applicant was issued SSN "4#9-#8-4296."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  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 Qualification Record, Personnel 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.
9.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 3 (Social Security Number) state, "check records with separatee's social security card when possible, otherwise verify the accuracy of the SSN of record."

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the SSN recorded in his military service records should be corrected to show his SSN is "4#9-#8-4296."

2.  The evidence of record shows that upon entry and also throughout the entire period of his military service the applicant declared and affirmed that his SSN was "4#9-#8-4957."  In this regard, the applicant’s SSN is consistently recorded in his military personnel records as "4#9-#8-4957."  The evidence also shows that SSN "4#9-#8-4296" was issued to the applicant by the Social Security Administration; however, the date that it was issued cannot be determined from the available evidence.  It is not known whether this a replacement issuance or new account.  Thus, it is concluded that the SSN recorded in the applicant’s military personnel records properly and correctly show the applicant’s assigned SSN during the period of his military service.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  Accordingly, considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and discharge document.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed, as the applicant requests.  Thus, there is no basis for granting the applicant's request to change his SSN in his military service records or discharge document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.

4.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide such evidence.

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 this requirement.  Therefore, the applicant is not entitled to correction of his military personnel records in this case.

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)                                         AR20090001673



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ABCMR Record of Proceedings (cont)                                         AR20090001673



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