IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090021966 


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 "xxx-xx-9xxx" instead of "xxx-xx-4xxx."

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

3.  The applicant provides a copy of a doctor's statement, dated 7 December 2009; and a copy of his Social Security Administration-Retirement, Survivors and Disability Insurance, Notice of Award, dated December 2008, 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 (RA) for a period of 3 years in the rank/grade of private (PV1)/E-1 on 1 September 1964.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number; it does not list his SSN.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his Service Number; it does not show his SSN.

4.  The applicant's records show he completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63C (General Vehicle Repairer).

5.  On 11 March 1965, the applicant completed a DA Form 41 (Record of Emergency Data).  He indicated that his SSN was xxx-xx-9xxx.  He authenticated this form by placing his signature in the appropriate block.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 21 August 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  Item 3 (Social Security Number) of the DD Form 214 he was issued shows his SSN as "xxx-xx-4xxx".  He authenticated this form by placing his signature in the appropriate block.

7.  On 29 October 1967, the U.S. Army Reserve Center, St. Louis, MO, issued the applicant a USAAC Form 170 (Army Reserve Personnel Data Review) and requested he review his administrative data and annotate any corrections on the form.  The applicant entered his SSN as "xxx-xx-4xxx."

8.  On 18 August 1970, the U.S. Army Administrative Center, St. Louis, MO, issued Letter Orders Number 08-1044932 directing the applicant's honorable discharge from the USAR Control Group Orders. The orders listed his SSN as "xxx-xx-4xxx."

9.  The applicant submitted a copy of his Social Security Administration-Retirement, Survivors and Disability Insurance, Notice of award, dated December 2008, that shows his SSN as "xxx-xx-9xxx."

10.  The applicant also submitted a copy of a medical statement, dated 7 December 2009, that shows he underwent surgery in November 2009.

11.  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.  Items 5a and 5b of the version in effect at the time showed the rank/grade in which an enlisted Soldier was serving at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN shown on his DD Form 214 should be corrected. 

2.  The evidence of records shows that the applicant used his Service Number throughout his military service.  It is unclear what SSN he used.  Although he completed a DA Form 41 and listed his SSN as "xxx-xx-9xxx," he also completed an Army Reserve Personnel Data Review shortly after his active duty separation and he listed his SSN as "xxx-xx-4xxx."  It is also unclear why he used 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.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time. 

4.  Nevertheless, a copy of this decisional document, along with the applicant's application and supporting documents, will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the SSN he claims is correct.  Filing the Board's decisional document will also guarantee the historical accuracy 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)                                         AR20090021966



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ABCMR Record of Proceedings (cont)                                         AR20090021966



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