PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1999018748

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his DD Forms 214 show his correct Social Security Number (SSN), a - SSN, as listed in box 9 of the DD Form 149.  (This - SSN has been verified with the Social Security Administration to belong to the applicant.)

3.  The applicant states that his DD Forms 214 show an incorrect SSN, a - SSN.  He further states that he had no SSN on him at the time and apparently the Army checked and listed the - SSN that is incorrect.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 24 October 1967 for a three year term of service.  His enlistment document, DD Form 4, lists his correct - SSN.  Some of his orders from this period show his - SSN.  His initial military personnel record was lost prior to his discharge in 1970 and a temporary record was created in November 1969 under an erroneous - SSN.  (A current check with the Social Security Administration indicates this - SSN was never associated with the applicant.) In May 1970, a third SSN, a - SSN, was entered in the applicant's record and the applicant continued to enter this SSN on his subsequent documents.  (A current check with the Social Security Administration indicates that this - SSN belongs to someone with the same last name as the applicant's but it does not belong to the applicant.)  The applicant's DD Form 214 for the period 24 October 1967 to 18 October 1970 shows the - SSN.  He was honorable released from active duty by reason of early separation from overseas and transferred to the USAR Reinforcement Reserves.

5.  The applicant reenlisted in the Regular Army on 3 June 1971 for a 3 year term of service.  In his own handwriting, he listed the - SSN as his SSN on his Statement of Personal History, DD Form 398.  He signed the statement on the history, "I certify that the entries made by me above are true and complete and correct to the best of my knowledge and belief and are made in good faith.  I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both."  Throughout the remainder of his service time, the applicant signed other documents verifying that the - SSN was his SSN.

6.  Under this incorrect - SSN, the applicant received two more DD Forms 214, an honorable discharge for the period 3 June 1971 to 6 May 1974 for immediate reenlistment, and an under other than honorable discharge for the period 7 May 1974 to 9 December 1974.  He received this last discharge as a result of AWOL for 33 days (20 September to 23 October 1974) following an approved leave (30 August to 19 September 1974) in the United States from his duty assignment in Germany.  He had requested leave to return home to address family financial problems.

CONCLUSIONS:

1.  It is apparent that the applicant knew his correct - SSN when he initially enlisted as it was entered on his enlistment contract and shown on his original assignment orders.  He later allowed the use of the incorrect - SSN and he himself entered it on documents verifying that it was his SSN when it was apparent that he knew it was not his SSN.  As such, he could be subject to fine, imprisonment, or both.  He could have, during his military service, corrected his SSN to the proper - SSN.  Since the applicant is no longer under military control, punitive action is not considered.

2.  The applicant should be issued DD Forms 215 to show his correct - SSN for each of his three DD Forms 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by issuing DD Forms 215 to show his correct - SSN (as shown on a copy of his Social Security Card attached to the 
DD Form 149) for each of his discharges for the periods; 24 October 1967 to 
18 October 1970, 3 June 1971 to 6 May 1974, 7 May 1974 to 9 December 1974.

BOARD VOTE:  

_mdm___  _aao____  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018748	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.