IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000812 


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-2248" instead of "XXX-XX-0709" (a completely different SSN).

2.  The applicant states an SSN was issued to him at the time of his enlistment.  However, he now has a different SSN and needs his DD Form 214 corrected to show this new SSN.  The "Xxx-Xx-0709" SSN was issued because his belongings were stolen along with his identifying documents.  He recently tried to enroll at the local Department of Veterans Affairs for medical services, but he was told the SSN shown on his DD Form 214 does not exist.

3.  The applicant provides the following documents:

* a copy of a social security card
* a copy of a Social Security Administration (SSA) SSN printout
* a copy of his DD Form 214

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  The available record consists primarily of his DD Form 214.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 20 August 1969.  His DD Form 398 (Statement of Personal History) and his DD Form 47 (Induction Record), which may have listed the SSN he used upon induction, are not available for review with this case.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) that would have been created upon his entry in the Army and would have listed his SSN is also not available for review with this case.

5.  His DD Form 214 also shows he served in Vietnam from 12 January 1970 to 24 March 1971, but his DD Form 214 does not list any individual awards or decorations which would have indicated the SSN he used during his military service.

6.  He was honorably released from active duty on 25 March 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation.  Item 3 (Social Security Number) of his DD Form 214 shows the SSN "XXX-XX-0709."  He authenticated this form by placing his signature in the appropriate block.

6.  The applicant submitted:

	a.  a copy of a social security card that shows the SSN "XXX-XX-2248" was established for the applicant.

	b.  a copy of an SSA printout, dated 16 December 2009, that shows the SSA's records indicate the SSN "XXX-XX-2248" is assigned to the applicant.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his current SSN is not shown on his DD Form 214.

2.  The facts and circumstances surrounding the applicant's induction and entry on active duty are not available for review with this case.  Neither his induction document nor his DA Form 20 is available for review.  Therefore, it is unknown what SSN the applicant used upon his induction.

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.

4.  In view of the foregoing, there is insufficient evidence to grant him relief in this case.

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)                                         AR20100000812



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ABCMR Record of Proceedings (cont)                                         AR20100000812



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