PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002071021

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 records be changed to show the correct Social Security Account Number (SSAN).

3.  The applicant states, in effect, that his SSAN recorded in his military records is incorrect.  In support of his application, he provides a letter from the District Manager, Philadelphia Region, Social Security Administration, and a supporting letter from his Member of Congress (MOC).  In addition, he provides a facsimile (Fax) message from a staff member of the MOC’s office, which indicates that the applicant needs the correction completed in order to gain access to a Department of Veterans Affairs (DVA) hospital.

4.  The applicant’s military records show that on 27 April 1976, he was honorably separated from active duty after completing a total of 3 years, 1 month, and 
5  days or creditable active military service. 

5.  The applicant’s enlistment contract and associated documents, the personnel record prepared on him upon his entry on active duty, and all orders and documents prepared on him throughout his military service all contain the SSAN that he now claims is incorrect.  No documents list the SSAN he now claims is correct.  

6.  On 27 April 1976, the applicant was honorably released from active duty.  The separation document (DD Form 214) issued to him on that date, which he authenticated with his signature, lists the SSAN he now claims is incorrect in Item 3 (Social Security Number).

7.  In support of his application, the applicant submits a letter from the District Manager, Philadelphia Region, Social Security Administration, that was addressed to his MOC.  It confirms his correct SSAN, which is different than the one listed in his military records.  It also explains that that the applicant was also assigned the SSAN listed in his records, but this was in error.  The error was corrected in 1974, and the incorrect number along with all information regarding the applicant has been cross referenced to his correct SSAN in their records.  This letter was provided under a FAX cover sheet from a staff member of the applicant’s MOC’s office, which stated that the applicant was in need of corrected DD Form 214 listing his correct SSAN, in order to be admitted to a DVA hospital. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 
2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that the SSAN listed in the separation document will be taken from the soldier’s personnel record.  
CONCLUSIONS:

1.  The Board notes the applicant’s desire to have his correct SSAN recorded in his separation document, and it finds that relief is warranted in this case.  

2.  By regulation, the SSAN recorded in the separation document will be taken from the soldier’s personnel record at the time of separation.  The Army has an interest in maintaining the accuracy of its records, for historical purposes, 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.  

3.  In this case, it is clear that the applicant’s active duty service was performed under the SSAN he now claims was in error.  It is also clear that this SSAN was the one recorded in the military records prepared on him upon his entry on active duty, and is the one he used throughout his tenure on active duty.  For these reasons, under normal circumstances a change to the SSAN listed in the applicant’s record would not be recommended.  

4.  However, since the applicant has provided independent evidence that shows that the Army maintaining its records with the SSAN currently listed could result in his being denied medical care by the DVA.  Therefore, the Board concludes that relief is warranted in order to avoid this potential injustice as an exception to policy.  

5.  The Board takes special note of the fact that a Social Security Administration 
has confirmed that the applicant was issued both the SSAN listed in his records and the second correct SSAN, and that this error has since been corrected by their agency.  Therefore, the Board concludes it would be appropriate to correct the SSAN listed in the applicant’s separation document to the one now certified as correct by the Social Security Administration.  

6.  In the interest of maintaining the accuracy of the Army records, the Board has also concluded that it would be appropriate to add the following entry to the remarks block of the applicant’s DD Form 214:  “Soldier Performed Military Service Under Social Security Account Number – (list the SSAN currently entered in Item 3 of DD Form 214).”  

7.  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 by changing the SSAN listed in Item 3 (Social Security Number) of the 27 April 1976 DD Form 214 of the individual concerned to the one listed as the correct SSAN in the enclosed Social Security Administration letter, which begins with the three digits 184; by adding the entry “Soldier Performed Military Service Under the Social Security Account Number - (enter the SSAN currently listed in 
Item 3 of his DD Form 214 that begins with the three digits 190)”; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__FNE__  __ TSK  _  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002071021	
SUFFIX		
RECON		
DATE BOARDED	2002/08/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/08/DD	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  10	100.0900	
2.		
3.		
4.		
5.		
6.