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ARMY | BCMR | CY2014 | 20140008835
Original file (20140008835.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008835 


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 previous request for correction of the social security number (SSN) shown on his DD Form 214 (Armed Forces of Untied States Report of Transfer or Discharge).  

2.  The applicant states:

   a.  He understands the importance of maintaining the integrity of the Army's records; however, it is also important that he maintain the integrity of his assigned SSN.  He is now aware of why or how another SSN got into his military records.  He was issued an Honorable Discharge Certificate which shows his correct SSN as "XXX-X0-8583."  This document is being attached as evidence and provides a statute to base the decision to correct his records and issue an amended DD Form 214 or DD Form 215 (Correction to DD Form 214).

   b.  With the existence of this document it seems that it would be in the best interest of the Army as well as himself to have the correct SSN reflected in his records.  Also, to provide him with an accurate document he can use to receive his due benefits in the State of Virginia and with the Department of Veterans Affairs.  In the Discussion and Conclusions section of his Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) there seems to be some ambiguous statements that are being used that precluded his request from being satisfied.  If his reconsideration request cannot be satisfied, he is requesting the Board assume responsibility for the burden of proof to explain without ambiguity why his record cannot be corrected.  Without the requested change he is ineligible to receive his benefits.
3.  The applicant provides copies of his Honorable Discharge Certificate and his previous ABCMR ROP.

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 AR20130012941 on 8 April 2014.

2.  The applicant provides a copy of his Honorable Discharge Certificate.  This is new evidence that will be considered by the Board.

3.  He was inducted into Army of the United States on 24 November 1965.  At the time of his induction, he was assigned and identified by a service number beginning with "US" for United States.  His military records contain the following:

* DD Form 398 (Statement of Personal History), dated 24 November 1965, which lists his SSN as "XXX-X0-3533"
* DD Form 47 (Record of Induction), dated 24 November 1965, which does not list his SSN
* DA Form 20 (Enlisted Qualification Record), dated 7 November 1966, which does not list his SSN
* DA Form 41 (Record of Emergency Data), undated, which lists his SSN as "XXX-X5-3533"

4.  He was released from active duty on 22 November 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 3 of his DD Form 214 lists his SSN as "XXX-X0-3533."

5.  His post-active duty USAR records contain the following:

* U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 27 January 1968, signed by the applicant on 20 March 1968, indicating he requested his SSN be correctly shown as "XXX-X0-8583"
* Letter Orders Number 11-1270148, issued by the USAR Components Personnel and Administration Center, discharged him from the USAR on 23 November 1971; the orders list his SSN as "XXX-X0-8583"

6.  He provided a copy of his Honorable Discharge Certificate, dated 23 November 1971, which lists his SSN as "XXX-X0-8583."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty.  Item 3 lists the SSN verified from the Soldier's records.

DISCUSISON AND CONCLUSIONS:

1.  The applicant's active Army DD Form 398 and his active Army DA Form 41 lists his SSN as "XXX-X5-3533."  The evidence shows he attempted to get his SSN changed to "XXX-X0-8585" by completing a USAAC Form 170.  His USAR discharge orders and Honorable Discharge Certificate list this SSN as 
"XXX-X0-8585."

2.  In view of the foregoing, it would now be appropriate to correct his DD Form 214 to show his SSN as shown on his USAR discharge orders and Honorable Discharge Certificate.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20130012941, dated 8 April 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of his DD Form 214 to show his SSN as it is listed on his USAR discharge orders and Honorable Discharge Certificate.



      _______ _   __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)                                         AR20140008835



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ABCMR Record of Proceedings (cont)                                         AR20140008835



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