IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090013810 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 April 1967 be corrected to show his social security number (SSN) as ***-**-4663 instead of
SSN ***-**-0408.  

2.  The applicant states the SSN currently on his DD Form 214 belongs to his deceased father.  He states his father had no middle name or initial.

3.  The applicant provides, in support of his application, copies of a printout from the Social Security Administration; his father's death certificate; his DD Form 214; a Personnel Action Form from Human Services, Government of the District of Columbia; his MSP Form 77R (Application to Purchase a Regulated Firearm); his U.S. Department of Justice Employment Eligibility Verification; a letter from the Social Security Administration; a copy of his SSN card that is annotated as being reissued due to a lost card; and a letter from the Army Review Boards Agency, St. Louis, MO. 

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 military personnel records show he was inducted into the Army of the United States on 18 June 1965.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 72B (Communications Center Specialist).

3.  The applicant's DD Form 47 (Record of Induction) identifies him as J_____ W______ V_______, Jr.  At the time of the applicant's induction individuals were assigned a service number.  The applicant was identified as J_____ W______ V_______, Jr. and he was assigned the service number of US ** *** 077.  Individuals were not identified using their SSNs.

4.  The applicant's service records contain a DD Form 398 (Statement 
of Personal History).  This form was completed by him on 17 June 1965, and in section 13 (Employment) he entered his SSN as ***-**-0408.  He signed this form on 17 June 1965, certifying the entries on the form as true, complete, and correct to the best of his knowledge.

5.  The applicant's service records contain a DA Form 41 (Record of 
Emergency Data) that was prepared on 18 June 1965.  Item 7 (SSN) of this form shows he used SSN ***-**-0408.

6.  Item 1 (Name and Service Number of the applicant's DA Form 20 (Enlisted Qualification Record) shows he used SSN ***-**-0408.  He signed this form on
14 May 1966 verifying the accuracy of this information.

7.  On 7 April 1967, the applicant was released from active duty as an overseas returnee.  He had completed 1 year, 9 months, and 20 days of active service that was characterized as honorable.  His DD Form 214 identifies him as J_____ W______ V_______, Jr. with the service number of US ** *** 077.  His DD Form 214 shows his SSN as ***-**-0408.

8.  Throughout the applicant's military service records for his period of active service his name is shown as J_____ W______ V_______, Jr. 


9.  A USAAC Form 170 (Army Reserve Personnel Data Review), dated 21 July 1967, shows that a correction was being made to show the applicant's SSN as ***-**-4663 instead of ***-**-0408.  The applicant's name on this form is shown as V_______, J_____ W., Jr.

10.  Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letter Orders Number 06-1104859, dated 9 June 1971, discharged the applicant from the U.S. Army Reserve (USAR) Control Group (Standby).  These orders identify him as V_______, J_____ W., Jr. with SSN ***-**-4663.

11.  The applicant submitted a death certificate showing the name J_____ V_______, the date of death as 17 December 1994, and SSN ***-**-0408.

12.  A Personnel Action Form, dated 12 March 1991, from Human Services, Government of the District of Columbia, shows the name V_______, J_____ (the suffix "Jr." is not shown) and SSN ***-**-4663 was used.

13.  The Application to Purchase a Regulated Firearm, dated 5 January 1998, shows the name V_______, J_____ W. (the suffix "Jr." is not shown) and
SSN ***-**-4663 was used.  

14.  The U.S. Department of Justice, Employment Eligibility Verification, dated 
16 November 2006, shows the name V_______, J_____ W. (the suffix "Jr." is not shown) and the SSN ***-**-4663 was used.  

15.  The letter from the Social Security Administration, dated 10 March 2009, shows the name J_____ W______ V_______ (the suffix "Jr." is not shown) and SSN ***-**-4663 is shown.  

16.  A printout, dated 7 August 2009, from the Social Security Administration shows that the SSN ***-**-4663 is assigned to V_______, J_____ W. (the suffix "Jr." is not shown).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should show SSN ***-**-4663 instead of SSN ***-**-0408.  


2.  The documents the applicant submitted showing that he is currently using SSN ***-**-4663 are dated many years after the applicant's period of service and none of these documents identify him using the full name J_____ W______ V_______, Jr. as shown on his DD Form 47 and DD Form 214.  

3.  The USAAC Form 170 and his discharge orders from the USAR indicate there was a correction to the applicant's SSN.  However, this form is dated after his period of active service.

4.  During the applicant's period of service, Soldiers were identified by a military service number and not their SSN.  The applicant is identified throughout his military service records by his military service number.  The applicant provided 
SSN ***-**-0408 when he completed the DD Form 398 at the time of his induction.  The DA Form 20 and DA Form 41 also show he used
SSN ***-**-0408.

5.  The SSN printout from the Social Security Administration does not identify the applicant by his full name and only shows the current SSN that is assigned.  The printout does not indicate that the current SSN was assigned during his period of active service.

6.  The preponderance of evidence in this case shows the applicant used 
SSN ***-**-0408 during his period of active service.  Evidence submitted by the applicant shows he now uses SSN ***-**-4663. 

7.  For historical purposes, the Army has an interest in maintaining the integrity 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.  

8.  This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that may arise regarding the difference in his SSN.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.  In addition, the applicant should provide a copy of this Record of Proceedings to any agency that questions his SSN based upon the entry on his DD Form 214.




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)                                         AR20090013810



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ABCMR Record of Proceedings (cont)                                         AR20090013810



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