IN THE CASE OF:	

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021168 


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 records to show the sixth digit of his social security number (SSN) as "4" instead of "8." 

2.  The applicant states someone wrote the wrong SSN.

3.  The applicant provides a copy of his real Social Security Card.

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 Florida Army National Guard (FLARNG) for a period of 6 years on 19 March 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement) and allied documents listed his SSN with the number "8" as the sixth digit.  He authenticated his enlistment contract as well as allied documents by placing his signature where applicable.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) that was created upon the applicant's entrance into the Army shows the number "8" as the sixth digit of the SSN.  He reviewed this form at a later date and placed his signature in the appropriate place.

4.  He was ordered to active duty for training (ADT) on 2 June 1978 and completed training for military occupational specialty 36K (Tactical Wire Operations Specialist).  He was honorably released from ADT on 26 August 1978.

5.  Item 3 (Social Security Number) of his DD Form 214 (Report of Separation from Active Duty) shows an SSN with the number "8" as the sixth digit.  He authenticated this form by placing his signature in the appropriate place. 

6.  His records contain various personnel and finance documents, including reassignments orders, award orders, a record of emergency data, security clearance certificate, and several other documents that listed the number "8" as the sixth digit.  He authenticated several of these documents by placing his signature in the appropriate block.

7.  He was discharged from the FLARNG on 6 January 1983 with an under honorable conditions character of service.  Item 3 (Social Security Number) of his NGB Form 22 (Report of Separation and Record of Service) listed the number "8" as the sixth digit.

8.  He submitted a copy of a Social Security card that contains his name and an SSN that contains the number "4" as the sixth digit.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used an SSN that contains the number "8" as the sixth digit upon his enlistment in the FLARNG.  This SSN is consistent with all official military records throughout his military service.  He authenticated several forms that contain this SSN.  According to the available record, he did not use the SSN that he now claims is his correct SSN at any time during the period that he served.

2.  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.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214 and NGB Form 22, were correct at the time and there is an insufficient evidentiary basis for changing his SSN at this time.

3.  Nevertheless, a copy of this decisional document along with the application and supporting documents will be filed in his service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN he claims is correct.  Filing the Board's decisional document will also guarantee the historical consistency of the applicant's military record regarding the SSN under which he served.

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)                                         AR20090021168



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ABCMR Record of Proceedings (cont)                                         AR20090021168



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