IN THE CASE OF:	  

		BOARD DATE:	  9 July 2009

		DOCKET NUMBER:  AR20090003385 


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 reconsideration of his earlier request that the social security number (SSN) reflected throughout his official military record be changed.

2.  The applicant states that the SSN that is reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect.  He states he has not changed his SSN since he applied for his SSN in September 1961 and he did not realize that his DD Form 214 reflected the incorrect SSN until he applied for Combat Related Special Compensation.  He states that his DD Form 214 was issued to him after his release from the military at Great Lakes Naval Hospital in 1970.  He states his DD Form 214 was already prepared and he was not afforded the opportunity to review or sign it prior to its publication.  He states that he made a previous request to have this error corrected and he was notified by letter dated 24 June 2008 that additional documents were required.  

3.  The applicant provides a copy of a letter from the Army Review Boards Agency, Chief, Case Management Division dated 24 June 2008, requesting additional information from the Social Security Administration; a printout from the Social Security Administration, dated 18 August 2008, verifying his SSN; a Report of Confidential Social Security Benefit Information dated 28 August 2008; a copy of his Social Security Card; and a copy of his DD Form 214.



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC98-12005, on 9 December 1998.

2.  On 22 January 1969, the applicant enlisted in the Regular Army (RA) in San Juan, Puerto Rico, for 2 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  At the time of his enlistment he used the SSN that he now contends is incorrect. 

3.  A review of the applicant’s official military record shows that he continued to use the same SSN as he used at the time of his enlistment in the RA and that same SSN appears on every document contained in his official military record.

4.  After completing 1 year, 10 months and 25 days of net active service, the applicant was honorably retired on 16 December 1970, by reason of physical disability, and he was placed on the Temporary Disability Retired List.  The DD Form 214 that he was furnished at the time of his retirement reflects the same SSN that he used at the time of his enlistment and throughout his Army service.

5.  The SSN Verification printout that the applicant submits in support of his application from the Social Security Administration indicates that a completely different SSN is assigned to the applicant.  The Report of Confidential Social Security Benefit Information that he submits shows that the SSN reflected on the SSN Verification printout was issued to him in September 1961 (prior to his enlistment in the RA.)

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN reflected throughout his official military record should be changed.

2.  His contentions have been noted.  However, the SSN that the applicant used at the time of his enlistment and throughout his Army service are the same.  The SSN reflected on his DD Form 214 matches the SSN reflected in his service record.
3.  Although he has submitted a printout from the Social Security Administration and a Report of Confidential Social Security Benefit Information that shows he is assigned a different SSN, the applicant has provided no explanation as to how such an error could have occurred.  His contention that he was not available at the time of his separation to sign his DD Form 214 does not explain how he enlisted in the RA using an SSN totally different from the SSN that was assigned to him by the Social Security Administration in September 1961, which was prior to his enlistment.

4.  The Army has an interest in maintaining its service records to show an individual’s service as it existed while he served in the Army, and at the time that the applicant served in the Army, he served under the same SSN that is reflected throughout his service record, to include his DD Form 214.  Inasmuch as the applicant served his entire Army service under that same SSN his records are correct as currently reflected.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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 to amend the decision of the ABCMR set forth in Docket Number AC98-12005, dated 9 December 1998.




      _______ _ 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)                                         AR20090003385



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ABCMR Record of Proceedings (cont)                                         AR20090003385



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