IN THE CASE OF:	  

		BOARD DATE:	  11 June 2009

		DOCKET NUMBER:  AR20090007693 


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, a correction to the Social Security Number (SSN) listed in item 3 (Social Security Number) of his 18 November 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, the SSN on his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214, an SSN card, and a Social Security Administration print-out in support of his 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's record shows he was inducted into the Army of the United States and entered active duty on 14 July 1970.  His record contains a DD Form 47 (Record of Induction); induction orders published by the Armed Forces Examining and Entrance Station, Houston, Texas; and a USAREC Form 180-R (Acknowledgment of Service Obligation) completed on him during his induction processing.  These documents list the SSN he now claims is incorrect.  The applicant authenticated the USAREC Form 180-R with his signature on 14 July 1970.

3.  The DA Form 20 (Enlisted Qualification Record) and DD Form 1584 (National Agency Check Request) prepared on him at the Reception Station, Fort Polk, Louisiana, on 21 July 1970 also list the SSN he now claims is incorrect in item 1 (Name and Service Number) and item 4 (Social Security Number), respectively.  The applicant authenticated the DA Form 20 with his signature at the time it was prepared.

4.  There is no indication in his record that the applicant ever attempted to change his SSN or to resolve an SSN discrepancy while he was serving on active duty.

5.  On 18 November 1970, the applicant was honorably released from active duty (REFRAD) under the provisions of chapter 6, Army Regulation 635-200 (Personnel Separations), by reason of hardship.  The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect in item 3.  It also confirms he completed a total of 4 months and 5 days of creditable active military service.  The applicant authenticated the DD Form 214 with his signature in item 32 (Signature of Person Being Transferred or Discharged) on the date of his discharge.

6.  The applicant provides a Social Security card that lists the SSN he now claims is correct.  He also provides a Social Security Administration SSN print-out, dated 6 March 2009, which indicates that office shows the applicant’s assigned SSN is the one he now claims is correct.  This print-out contains a hand written note at the bottom that indicates the SSN was issued in July 1963; however, there is no indication of who added this note.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSN listed in item 3 of his DD Form 214 is incorrect has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the SSN shown on the applicant's DD Form 214 is identical to the SSN recorded on the DD Form 47, induction orders, and USAREC Form 180-R prepared on him during his induction processing.  It also matches the SSN listed on the DA Form 20 and DD Form 1584 prepared on him upon his entry on active duty.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change an SSN under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.

4.  Although the Social Security card and Social Security Administration print-out provided by the applicant lists an SSN different from the one listed in his records and on his separation document, the SSN they indicate is correct was never a part of any of the applicant's military records.  As a result, absent any evidence that the applicant attempted to resolve the SSN issue while he was serving on active duty, it would not be appropriate to change the SSN listed in his military records, which is the one under which he entered military service, served, and was REFRAD.

5.  This Report of Proceedings, along with the application and supporting documents submitted by the applicant will be filed in his official military personnel file to provide clarity for any confusion that might arise regarding his different SSNs.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant’s military record regarding the SSN under which he served and document the SSN he now claims is correct.

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)                                         AR20090007693



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ABCMR Record of Proceedings (cont)                                         AR20090007693



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