IN THE CASE OF:	  

		BOARD DATE:  25 September 2012

		DOCKET NUMBER:  AR20120004889 


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 military service records to show his social security number (SSN) as "5xx-xx-xxx5" instead of "2xx-xx-xxx6."

2.  He states the SSN recorded in his military service records is incorrect.

3.  The applicant provides copies of the following documents:

* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 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 military service records are not available to the Board for review.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  In support of his request, the applicant provides the following documents:

   a.  DD Form 47 that shows he was inducted on 26 August 1969.

    	(1)  Item 2 (Service Number) shows "2xx-xx-xxx6."

    	(2)  The first and last digits have been "lined-thru" and the number "5" handwritten above them.

   b.  DA Form 20 that was signed by the applicant on 2 September 1969 and reviewed by him on 3 February 1970.

    	(1)  item 1 (Name and Service Number) shows the typed entry:
"2xx-xx-xxx6."

    	(2)  The first and last digits have been overwritten with the number "5."

   c.  DA Form 2627-1 that shows nonjudicial punishment was imposed against the applicant on 22 March 1971.  The SSN entered on the document in five different places shows "5xx-xx-xxx5."

   d.  DD Form 214 that shows the applicant entered active duty on 26 August 1969 and he was discharged on 31 August 1973 in accordance with Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial with an under other than honorable conditions discharge.

    	(1)  He had completed 2 years, 3 months and 21 days of active service.

    	(2)  Item 3 (SSN) shows "2xx-xx-xxx6."
   
    	(3)  Item 32 (Signature of Person Being Transferred or Discharged) shows the applicant signed the document.

   e.  Social Security card, issued to the applicant on 21 September 2009, that shows his SSN is "5xx-xx-xxx5."

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided some documents that contain handwritten changes to his SSN; however, because his records are not available it cannot be determined if those same handwritten changes were shown on the record copy of those documents.  

2.  The evidence shows that upon entry into the U.S. Armed Forces the applicant reported his SSN as "2xx-xx-xxx6."  The evidence also shows that, with the exception of a DA Form 2627-1, this SSN was consistently recorded in the applicant's military service records, including on his DD Form 214 when he was discharged from the U.S. Army.

3.  The applicant now states his SSN is "5xx-xx-xxx5."

4.  Considering all the evidence and information presented by the applicant, together with applicable law and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.

5.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  The military service records provided by the applicant show he reported his SSN as "2xx-xx-xxx6" and this SSN is documented in those records.

6.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  Notwithstanding the Record of Proceedings under Article 15 and Social Security card with the number "5xx-xx-xxx5" that was issued in 2009, the applicant fails to provide sufficient evidence to rebut this presumption.  As a result, the applicant's U.S. Army military service records are presumed to be correct with respect to the subject matter under review.

7.  Therefore, the applicant is not entitled to correction of his records.

8.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record.

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)                                         AR20120004889



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ABCMR Record of Proceedings (cont)                                         AR20120004889



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