IN THE CASE OF: 

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120004713 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-1644" instead of "XXX-XX-1164."

2.  The applicant states:

* At the time of his enlistment, he did not have his wallet with him and could not remember the exact SSN; the last four digits of his SSN were transposed incorrectly
* He talked to someone about the mix up but he was told it did not make a difference as his service number was correct

3.  The applicant provides the following documents:

* Report of Confidential Social Security Benefit Information
* Social security card
* Letter from the National Personnel Records Center
* DD Form 214
* Honorable Discharge Certificate
* Letter from the American Legion
* Email exchange with the American Legion
* Medical documents 
* Department of Veterans Affairs progress notes
* Multiple correspondence with and from the VA

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.  However, the applicant provided sufficient documents 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, albeit partially illegible.

3.  The applicant's DD Form 214 shows an entry for a period of 2 years, 11 months, and 3 days of prior service which suggests he initially enlisted in the Regular Army or was inducted into the Army of the United States on or about 1 September 1968.  A copy of his DD Form 398 (Statement of Personal History) which would have listed what SSN he disclosed is not available for review with this case.  

4.  His DD Form 214 also shows he served in the Regular Army from on or about 28 August 1970 to on or about 30 March 1972.  His DD Form 4 (Enlistment/ Reenlistment Document) and/or DA Form 20 (Enlisted Qualification Record) that had been created upon his entry in the Army and would have also listed his SSN are also not available for review with this case.

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

6.  He was honorably discharged on 30 March 1972 and he was issued an Honorable Discharge Certificate.  Item 3 (Social Security Number) of his DD Form 214 shows the SSN "XXX-XX-1164."  

7.  The applicant submitted:

	a.  A Report of Confidential Social Security Benefit Information, dated 15 February 2011, that states the SSN ending with last four digits as "1644" has belonged to the applicant since May 1964.

	b.  A copy of a social security card that shows the SSN "XXX-XX-1644" was established for the applicant.

	c.  A letter, dated 20 August 2010, from the National Personnel Records Center that listed the last three digits of his SSN as "164."

	d.  an Honorable Discharge Certificate, dated 30 March 1972 that listed his SSN with the last four digits as "1164."

	e.  A letter, dated 30 October 2012, from an official at the American Legion explaining their attempts in helping the applicant resolve his SSN issue over the past 2 years.  The official states the SSN issue has negatively impacted the applicant's VA claim and eligibility for benefits.

	f.  various correspondence, letters, and emails in relation to the SSN issue. 

	g.  A medical statement, dated 3 April 2012, confirming the applicant's diagnosis with chronic lymphocytic leukemia, seizure disorder, and cerebrovascular disease.  The doctor recommends the SSN issue be resolved in order to alleviate any negative health impact.

	h.  Various VA letters, progress notes, and other medical documents 

8.  Army Regulation 635-5 (Separation 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.  It states that 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 facts and circumstances surrounding the applicant's induction/enlistment and entry on active duty are not available for review with this case.  Neither his induction/enlistment document nor his DA Form 20 is available for review.  Therefore, it is unknown what SSN the applicant used upon his induction.

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 the applicant's military service records, including the DD Form 214, was correct at the time.

3.  The applicant's service in Vietnam and his current medical condition as well as the challenges he is encountering are all noted.  However, without his service records, it is impossible to establish what SSN he used at the time.  

4.  The applicant is advised that a copy of this decisional document, which confirms his current SSN, will be filed in his service record.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his records.  

5.  In view of the foregoing, there is insufficient evidence to grant him relief.

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)                                         AR20120004713



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ABCMR Record of Proceedings (cont)                                         AR20120004713



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