IN THE CASE OF:		 

		BOARD DATE:      18 March 2010	  

		DOCKET NUMBER:  AR20090016386 


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 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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "x0x-x6-x1x8" instead of "x6x-x4-x1x6." 

2.  The applicant states, in effect, that his SSN is incorrectly shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 3 May 1969; a copy of his Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 26 June 2009; and a copy of the Social Security Administration printout, dated 26 June 2009, 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 applicant's records show he enlisted in the Regular Army for a period of 3 years on 29 July 1966.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number.  His SSN was not listed.  The applicant authenticated this form by placing his signature in item 57 (Oath of Enlistment - Signature).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his SSN as "x6x-x4-x1x6." The DA Form 20 was dated stamped 2 August 1966.  The applicant audited this form on 24 October 1968 and authenticated it with his signature.  

4.  On 29 July 1966, the applicant completed a DA Form 41 (Record of Emergency Data) and indicated that his SSN was "x0x-x6-x1x8."  

5.  On 26 April 1968, Headquarters, 63rd Signal Battalion, published Special Orders Number 44 promoting the applicant to specialist five/E-5.  The orders listed his SSN as "x0x-x6-x1x8."  

6.  On 24 July 1968, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his SSN as "x0x-x6-x1x8."

7.  On 20 November 1968, Headquarters, 63rd Signal Battalion, published Special Orders Number 250 authorizing the applicant special leave.  The orders listed his SSN as "x0x-x6-x1x8." 

8.  On 15 April 1969, Headquarters, 63rd Signal Battalion, published Special Orders Number 103 directing his reassignment to the Republic of Vietnam.  The orders listed his SSN as "x6x-x4-x1x6.

9.  On 3 May 1969, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published Special Orders Number 123 directing the applicant's release from active duty.  The orders listed his SSN as "x6x-x4-x1x6."

10.  On 3 May 1969, the applicant was honorably released from active duty.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as "x6x-x4-x1x6."

11.  The applicant submitted a copy of his Form SSA-2458, dated 26 June 2009 that shows SSN "x0x-x6-x1x8" was established for the applicant in June 1963.  He also submitted a copy of his Social Security Administration printout, dated 
26 June 2009, that also shows SSN "x0x-x6-x1x8" is assigned to him.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his SSN should be corrected.

2.  The evidence of records shows that upon his entry on active duty, the applicant was assigned the SSN "x6x-x4-x1x6" as shown on his DA Form 20 and some of his personnel records including his DD Form 214.  However, during his period of military service, he also used the SSN "x0x-x6-x1x8."  It is unclear why the applicant was issued two SSNs.  

3.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, 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.  Nevertheless, he submitted a copy of his Form SSA-2458 that shows SSN "x0x-x6-x1x8" was established for him in June 1963 and a copy of his Social Security Administration printout, that also shows SSN "x0x-x6-x1x8" is assigned to him.  This SSN is consistent with the SSN shown on some of his military records.  Any doubt with respect to the correct SSN should be in his favor.  Therefore, his DD Form 214 should be corrected to show his correct SSN.

BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the entry "x6x-x4-x1x6" and adding the entry "x0x-x6-x1x8."



      _______ _ 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)                                         AR20090016386



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ABCMR Record of Proceedings (cont)                                         AR20090016386



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