IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140017131 


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:

The applicant defers his request and statements to counsel and provides no additional evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's previous request for correction of his DD Form 214 (Armed Forces of Untied States Report of Transfer or Discharge) to show the social security number (SSN) listed on his social security card "522-XX-XXXX."

2.  Counsel states the attached documents reflect three different SSNs which the applicant utilized during his period of Army service from 16 December 1966 through 24 July 1969.  The difference in those three SSN's is the first 3 digits.  Counsel and the applicant believe this was clearly an administrative (typographical) error on the part of the individual completing the documents at the time.  It is also noted that a Department of the Army letter, dated 2 February 1970, contains the applicant's correct SSN as does the transcript from the Community College of Denver the applicant attended utilizing the Montgomery GI Bill.  Finally, the attached Department of Veterans Affairs (VA) print screen reflects the SSN contained on the applicant's DD Form 214 belongs to an individual with the name of M. Jxxxxxx who was born on XX December 1932.




3.  Counsel provides copies of the following:

* the applicant's:

* birth certificate
* Special Orders (SO) Number 205
* Standard Form (SF) 88 (Report of Medical Examination) (3 copies of the first page)
* DD Form 214
* letter to his mother
* Community College of Denver transcript
* VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)

* VA print screen

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 AR20130019313 on 31 July 2014.

2.  Counsel provided copies of the applicant's birth certificate, SO Number 205, SF 88, a letter written to his mother, a transcript from the Community College of Denver, and a VA print screen, which is considered new evidence that will be considered by the Board.

3.  Counsel provided a copy of a State of Colorado birth certificate, issued on 5 August 1970, which shows an individual with the same name of record as the applicant and with a date of birth of X October 1949.

4.  The applicant enlisted in the Regular Army on 16 December 1966.  At the time of his enlistment, he was assigned and identified by a service number beginning with "RA" for Regular Army.  His military records contain the following:

* DD Form 398 (Statement of Personal History), dated 16 December 1966, which lists his SSN as "255-XX-XXXX"
* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 16 December 1966, which does not list his SSN
* DA Form 20 (Enlisted Qualification Record), dated 10 July 1969, which lists his SSN as "255-XX-XXXX"


5.  Counsel also provided copies of the applicant's:

* SO Number 205, dated 24 July 1969, assigning him to the U.S. Army Reserve (USAR) Control Group; the orders list his SSN as 
"525-XX-XXXX"
* SF 88 (three pages) which show he underwent a medical examination on 24 July 1969 for the purpose of separation; these forms list what appears to be his SSN as "533-XX-XXXX"

6.  On 24 July 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the USAR Control Group.  Item 3 of his DD Form 214 lists his SSN as "255-XX-XXXX." 

7.  Counsel further provided a letter, dated 2 February 1970, wherein the applicant's mother was advised of indebtedness to the United States.  The letter contains what appears to be the applicant's name and SSN as "522-XX-XXXX."

8.  The applicant's records also contain the following:

   a.  An U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification), dated 16 February 1970, requesting that SSN "255-XX-XXXX" be corrected and that his SSN be listed as "522-XX-XXXX."  This request was processed on 18 June 1970.

   b.  Letter Orders Number 11-1448891, issued by the USAR Components Personnel and Administration Center, discharging the applicant from the USAR on 15 December 1974 and his SSN is listed as "522-XX-XXXX."

9.  Counsel also provided copies of the applicant's following documents:

   a.  Community College of Denver transcript, dated 21 April 1984, which lists his SSN as "522-XX-XXXX."

   b.  VA Form 21-22, dated 15 September 2014, which lists his SSN as 
522-XX-XXXX."

   c.  VA print screen, dated 15 September 2014, which shows the SSN of 
"255-XX-XXXX" belongs to an individual with the name of M. Jxxxxxx who was born on XX December 1932.



10.  The applicant previously provided a copy of his social security card which shows his SSN as "522-XX-XXXX."

11.  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 their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was born on X October 1949.  Several documents contained in his active Army records and those submitted by counsel list his SSN as "255-XX-XXXX, "533-XX-XXXX," and "525-XX-XXXX."  His DD Form 214 lists his SSN as "255-XX-XXXX."  

2.  An USAAC Form 171, completed after his period of active service, shows he requested correction of his SSN from "255-XX-XXXX" to "522-XX-XXXX."  This form shows a system update was completed on 18 June 1970.  His USAR discharge orders lists his SSN as "522-XX-XXXX," which is the SSN he requests and the SSN that is listed on his social security card.

3.  Post-active Army evidence shows his SSN is "522-XX-XXXX" and the SSN listed on his DD Form 214 was actually assigned to another individual with a date of birth of XX December 1932.  

4.  Therefore, the evidence of record is sufficient to warrant correction of item 3 of his DD Form 214 to list his SSN as "522-XX-XXXX" as shown on his social security card.

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 AR20130019313, dated 31 July 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 list his SSN as shown 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)                                         AR20140017131



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ABCMR Record of Proceedings (cont)                                         AR20140017131



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