IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019728 


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 reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the requested social security number (SSN).

2.  The applicant states:

* he is submitting material evidence with his request
* during his period of military service, he inadvertently used his deceased father's SSN
* he was notified by the Social Security Administration (SSA) in January 1988 that he was using an incorrect SSN
* shortly thereafter the SSA changed his records to reflect a different SSN than the one he had been using
* he was incorrectly and unknowingly using his deceased father's SSN, since he had previously received SSA death benefits, which listed his father's SSN; however, he assumed it was his SSN
* he was a minor when he began using his deceased father's SSN, not knowing or understanding that another SSN existed
* he did not previously request a correction of his military records because he was working in the private sector and didn't rely on any military service documentation
* he is now working for the U.S. Department of Agriculture (USDA) and the requested records update is needed for federal employment benefits
* the evidence submitted confirms the SSN he used throughout his service was, in fact, his father's SSN
* the evidence submitted demonstrates the existence of probable error
* the denial of his request would create an injustice in that he would not be allowed to claim the benefit of past service in his current federal position

3.  The applicant provides 9 attachments:

* a letter from the Army Board for Correction of Military Records (ABCMR), dated 4 January 2011
* SSA Form SSA-2708, dated 27 January 1988
* a letter from the Department of Health, Education, and Welfare, SSA, dated 15 December 1972
* a letter from the USDA, dated 26 November 2010
* State of California – Department of Public Health Certificate of Live Birth 
* State of California Driver License and social security card issued to Cxxxx, Hxxxxx W.
* State of California – County of San Francisco Order Establishing Death
* internet printout, titled "How to Decipher a Social Security Number"
* U.S. Department of Treasury – Internal Revenue Service (IRS) Form 1040 (U.S. Individual Income Tax Return – 1958) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100016642 on 29 December 2010.

2.  The applicant provides 9 new attachments that were not previously considered by the Board; therefore, this new evidence warrants consideration by the Board.

3.  On 25 June 1982, the applicant was appointed as a Reserve commissioned officer of the Army, in the rank/grade of second lieutenant/O-1.   His appointment memorandum lists his SSN as "XXX-XX-2124."

4.  On 29 September 1982, he entered active duty.  On 28 September 1985, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  Item 3 (Social Security No.) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his SSN as "XXX-XX-2124."

5.  On 4 June 1988, he again entered active duty for the purpose of training.  On 20 December 1988, he was honorably released from active duty and transferred to his USAR unit, the 91st Maneuver Training Command, Parks Reserve Forces Training Center, Dublin, CA.  Item 3 of his DD Form 214 shows his SSN as "XXX-XX-2124."

6.  His record contains a DA Form 1380 (Record of Individual Performance of Reserve Duty Training) that documents his performance of re-scheduled training on 6-7 May 1989.  Item 7 (Social Security No.) of this form shows his SSN as "XXX-XX-7244."

7.  His record contains 2 DA Substitutes for DD Form 1351-2 (Travel Voucher or Subvoucher) that document his payment for active duty performed between the period 24 April through 5 May 1989 and 23 May through 30 May 1989.  These forms show his SSN as "XXX-XX-7244." 

8.  Orders 77-9, Headquarters, 91st Division (Training), Fort Baker, CA, dated
30 July 1989, transferred him to the USAR Control Group (Reinforcement) effective 1 June 1989.  On this order, his SSN is shown as "XXX-XX-2124."

9.  Orders D-08-563387, U.S. Army Reserve Personnel Center, St. Louis, MO, dated 1 August 1995, honorably discharged him from the USAR effective 
1 September 1995.  On this order, his SSN is shown as "XXX-XX-2124."

10.  The applicant provides numerous documents that show he used his deceased father's SSN, either knowingly or unknowingly, throughout his military career.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration of his previously-denied request for correction of his SSN on his DD Form 214 has been re-examined.  

2.  The evidence of record shows the applicant primarily used SSN 
"XXX-XX-2124" as his SSN throughout his period of service; however, there are documents in his record that show the requested SSN "XXX-XX-7244."  

3.  He contends he discovered the error in his SSN in 1988, and the evidence shows he used the requested SSN on at various times in 1989.  It appears the applicant took steps, upon discovery of the error to have his record corrected.  It further appears that his pay records were corrected to reflect the requested SSN.

4.  He has provided evidence to show an error or injustice exists because his SSN is incorrect on his DD Forms 214 and he cannot receive the employment benefits of which he's entitled until his SSN is corrected.  Therefore, as a matter of equity, it would be appropriate to correct his DD Forms 214 to show the requested SSN. 

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100016642 on 
29 December 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN from item 3 of his DD Forms 214 and adding the SSN as it is listed on his social security card.




      _______ _ __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)                                         AR20100016642



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ABCMR Record of Proceedings (cont)                                         AR20110019728



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