IN THE CASE OF:	

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090016573 


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 the social security number (SSN) shown in item 3 (Social Security Number) of his 31 July 1974 DD Form 214 (Report of Separation from Active Duty) be corrected.

2.  The applicant states the SSN shown on the DD Form 214 in question is incorrect due to a typing error.

3.  The applicant provides copies of the DD Form 214 in question, his SSN card, and a Social Security Administration (SSA) SSN printout 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 initially enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 20 October 1972.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed for this enlistment lists the SSN he now claims is incorrect in item 1 (Service Number/SSAN [social security account number]).

3.  On 31 October 1972, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 1 November 1972.  The DD Form 4 prepared for this enlistment also lists the SSN he now claims is incorrect in item 1.

4.  The applicant's records contain another copy of his DD Form 4 prepared for his 1 November 1972 enlistment that has a pen and ink correction to his SSN, correcting it to the SSN he now claims is correct.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) lists the SSN he now claims is incorrect in item 2 (SSN).

6.  A DD Form 1584 (National Agency Check Request), dated 6 November 1972, lists the SSN he now claims is incorrect in item 5 (Social Security Number).

7.  On 31 July 1974, the applicant was discharged for the purpose of immediate reenlistment.  His discharge orders and the DD Form 214 issued at the time list the SSN he now claims is incorrect.

8.  On 1 August 1974, the applicant reenlisted for 6 years.  The DD Form 4 prepared for this enlistment lists the SSN he now claims is incorrect in item 1.

9.  The applicant's official military personnel file (OMPF) contains several DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice) and a summary court-martial order, dated 19 December 1975, that list the SSN he now claims is incorrect.

10.  The applicant was discharged on 2 April 1976.  The discharge orders published at Fort Dix, New Jersey, list the SSN he now claims is correct in the standard name line.  The record also contains a DD Form 214, dated 2 April 1976, listing the SSN he now claims is correct in item 3; however, this document is unsigned by the applicant and/or by an authorized official.

11.  The applicant provides a copy of his SSN card and an SSA SSN printout that lists the SSN he now claims is correct.

12.  Army Regulation 635-5 (Separations 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 records should be corrected to show his correct SSN has been carefully reviewed.  However, the evidence is not sufficient to support this claim.

2.  While the copy of his SSN card, the SSA SSN printout, and 1976 discharge orders show the SSN he now claims is correct, his OMPF shows he entered military service and served under the SSN he now claims is incorrect.  The independent evidence he now provides shows the SSN he now claims is correct is his current SSN; however, it does not explain his use of two SSN's.

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 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 these records be changed.

4.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF.  This should serve to clarify any questions or confusion in regards to the difference in the SSN's recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

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)                                         AR20090016573



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016573



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1