IN THE CASE OF:	

		BOARD DATE:	 15 April 2010 

		DOCKET NUMBER:  AR20090016212 


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 correction to item 3 (Social Security Number) of his 22 August 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the following:

	a.  The Service Number (SN) and Social Security Account Number (SSAN) listed on his DD Form 214 are incorrect.

	b.  The dates of service listed on his DD Form 214 are not the dates he served on active duty.

	c.  He was informed by the Social Security Administration that the SSAN listed on his DD Form 214 belongs to someone from New York State.

	d.  There is no record of him having any earnings for the period of active duty listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a Congressional Inquiry 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 25 October 1966.  His record contains a DD Form 47 (Record of Induction) that does not list an SSAN because it was not used at the time.  The SN was used as the primary identification number at the time and the one listed on the DD Form 47 is the one the applicant now claims is incorrect.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 31 October 1966 upon his entry on active duty lists the SN he now claims is incorrect in item 1 (Name and Service Number).  There is no SSAN listed in item 1.

4.  The separation order issued to the applicant (Headquarters, U.S. Army Personnel Center, Special Order Number 235) on 22 August 1968 lists the SSAN he now claims is incorrect in the standard name line.

5.  The DD Form 214 issued to the applicant upon his release from active duty (REFRAD) on 22 August 1968 contains the following information in the items indicated:

	a.  item 2 (Service Number) - SN he now claims is incorrect;

	b.  item 3 - SSAN he now claims is incorrect;

	c.  item 10c (Date Inducted) - 24 October 1966;

	d.  item 11d (Effective Date) - 22 August 1968; and

	e.  item 22b (Total Active Service) - 1 year, 9 months, and 28 days.

6.  A DA Form 2376 (Notification to State Adjutants General - Release from Active Duty of Obligated Reservist), dated 21 August 1968, shows the applicant was REFRAD on or about 21 August 1968 and transferred to the U.S. Army Reserve (USAR).  It lists the SN he now claims is incorrect in item 2 (Grade, Last Name, First Name, Middle Initial and Service Number).

7.  USAR discharge orders (U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 09-1345725) on the applicant, dated 20 September 1972, list the same SSAN listed on the orders and DD Form 214 in his record, which he now claims is incorrect.

8.  On 2 March 2010, the applicant was sent a letter from the Board staff informing him he should provide a letter from the Social Security Administration explaining the duplicate SSAN's and a copy of his SSAN card within 30 days of receipt of the letter.  The applicant failed to respond to the letter and/or provide the requested documents.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item-by-item instructions for completion of the DD Form 214 and states that the SN and SSAN listed in the separation document will be taken from the Soldier's personnel record.  It also states that item 10c will contain the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his dates of service listed on his DD Form 214 are incorrect was carefully considered and found to have merit.  By regulation, item 10c will contain the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.

2.  The evidence of record confirms the applicant was inducted into the Army and entered active duty on 25 October 1966, as evidence by the DD Form 47 on file.  As a result, it is clear the entry in item 10c of his DD Form 214 which indicates he entered active duty service on 24 October 1966 was erroneous and was likely the result of an administrative error.  Therefore, it would be appropriate to correct item 10c of the applicant's DD Form 214 to show he entered active duty service on 25 October 1966.

3.  The applicant's contention that the SN and the SSAN contained on his DD Form 214 are incorrect was also carefully considered.  However, the evidence fails to support this claim.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.

4.  Absent any evidence that the applicant attempted to resolve the SN/SSAN issue while he was still serving on active duty or while he remained in the USAR, it would not be appropriate to change the SN/SSAN listed in his military records, which are the ones under which performed his military service, was REFRAD, and was discharged from the USAR.  

5.  This Record of Proceedings, along with the application will be filed in his official military personnel file to provide clarity for any confusion that might arise regarding his different SSAN's.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SN/SSAN under which he served and document the SSAN he now claims is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 10c of his DD Form 214 issued on 22 August 1968 and replacing it with the entry "25 Oct 66" and

	b.  providing the applicant a correction to his DD Form 214 that includes this change.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction to his SN and SSAN.



      ___________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)                                         AR20090016212



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ABCMR Record of Proceedings (cont)                                         AR20090016212



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