IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090005972 


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 that his service number be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 contains an incorrect service number.  He adds that he corrected this information with the Department of Veterans Affairs and the Social Security Administration and thought it corrected his military records.

3.  The applicant submitted a copy of his DD Form 214, a copy of a Social Security Number Printout from the Social Security Administration, Beaumont, Texas office, a copy of his Texas, Department of Public Safety Driver License; a copy of a Certificate of Completion of the Atomic Demolitions Enlisted Course given him on 26 March 1971, and a copy of his Social Security card, in support of his request.

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 evidence shows that the applicant enlisted in the Regular Army in pay grade E-1 on 22 September 1970 for 3 years.  Item 1 of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he was enlisted with a temporary identification number beginning with a 9 and having 9 digits.

3.  On 29 January 1971, the applicant's temporary identification number was changed from 961-**-**** to ***-85-****.  This change was made after the applicant was provided a Social Security Account Number and card by the Social Security Administration.  The number that was given him at the time by the Social Security Administration was ***-85-****.  A copy of the card that was issued to the applicant by the Social Security Administration was superimposed on two copies of the applicant's DD Form 4 and filed in his personnel record.  This number, it appears, was used by both the Army and the individual throughout his military service.

4.  The applicant was honorably released from active duty on 24 April 1972 in the rank and pay grade of Specialist Four, E-4, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), and was given a separation program number of 432 (early release for enlistment in active Army, National Guard, or US Army Reserve units).  At the time of his release from active duty, the applicant had completed 1 year, 7 months, and 3 days net active duty service.  The evidence shows the applicant was released to the 317th Engineer Detachment, Beaumont, Texas, to continue to fulfill his military service obligation.

5.  Item 3 (Social Security Number), of the applicant's DD Form 214, has the number ***-85-****.  The applicant signed his name in Item 32 (Signature of Person Being Transferred or Discharged) attesting to the correctness and completeness of the information recorded on the DD Form 214.

6.  On 9 January 1974, the applicant was ordered to active duty for the purpose of completing military occupational specialty (MOS) training.  On completion of his training the applicant held the MOS 12E (Atomic Demolitions).  The applicant was returned to the Reserve to complete his remaining military service obligation on 22 February 1974.  The applicant was issued a DD Form 214 to document his service from 9 January through 22 February 1974.  Item 3 (Social Security Number), of the applicant's DD Form 214, shows the number that was used on this DD Form 214 was ***-85-****.

7.  The applicant continued to serve in the Reserve and on 24 August 1976, the Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, Missouri, honorably discharged the applicant at the completion of his military service obligation per AGUZ-PAD-R Orders 08-1151536.  The service number used in the standard name line of the applicant's orders is ***-85-****.

8.  The applicant provided a copy of what appears to be an old Social Security Card.  This card shows the number ***-82-****.

9.  The applicant provided a copy of a Social Security Number Printout from the Social Security Administration, Beaumont office, dated 27 April 2009, which shows their records indicate the applicant was assigned the number ***-82-**** as his Social Security Number.

10.  Army Regulation 635-5 (Personnel Separations - Separation 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 DD Form 214 should be corrected to change his service number from ***-85-**** to ***-82-**** was carefully considered; however, the evidence shows that the applicant was enlisted with a temporary identification number.  He was then issued a Social Security Account Number by the Social Security Administration that became his service number.  This number ***-85-**** was used by both the Army and the applicant throughout his Army service.

2.  The evidence shows that the applicant continued his service in the Reserve until he was discharged.  When he was discharged, the social security number used on his discharge orders was the same as had been used while he was on active duty:  ***-85-****.

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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  
4.  Based on the evidence in this case, the applicant is not entitled to a correction of his record to show the number ***-82-**** as his social security number.

5.  The applicant is advised that a copy of this Board action will be filed in his military personnel record so a record of what he alleges to be his social security number will be available to be viewed by those having an official need to know.

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)                                         AR20090005972





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ABCMR Record of Proceedings (cont)                                         AR20090005972



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