MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002074238

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

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his military records be changed to show his correct Social Security Account Number (SSAN).

APPLICANT STATES:  In effect, that the SSAN listed on his separation document (DD Form 214), dated 27 April 1978, is incorrect.  In support of his application, he submits a copy of his SSAN card and a Georgia driver’s license.

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 April 1978, he was separated from the Army with a general, under honorable conditions discharge after completing a total of 1 year, 11 months and 11 days of active military service.  He was separated under the provisions of Army Regulation 635-200, paragraph 5-31(3) (Expeditious Discharge Program).

The DD Form 214 issued to and authenticated by him with his signature on the date of his separation, 27 April 1978, confirms that he held the rank of private first class/E-3 at that time.  In addition, the SSAN entered in Item 3 (Social Security Number) of this separation document is consistent with the one recorded in his enlistment contract for this period of service, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on this period of active duty.

The applicant’s file includes a second set of records from a prior period of Regular Army service performed by the applicant from 13 November 1970 to 
6 June 1974.  The DD Form 214 issued for this period of active duty service shows that the applicant was discharged on 6 June 1974, under the provisions of Army Regulation 635-200, by reason of special court-martial conviction, and that he received a bad conduct discharge (BCD).  The SSAN listed on this DD Form 214 is the SSAN that the applicant now claims is correct.

The applicant provided a copy of his SSAN card; however, he did not provide a statement from Social Security Administration officials explaining the difference between his current SSAN and the one under which he performed his military service between 13 May 1976 and 27 April 1978.  Further, the applicant failed to provide an explanation for why after receiving a BCD, he reentered the Regular Army using a different SSAN.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board finds no evidence to show that the SSAN recorded on the applicant’s DD Form 214, dated 27 April 1978, was not the one under which he entered into and performed this period of active duty service.

2.  Further, the applicant offers no explanation for why, after receiving a BCD under the SSAN he now claims is correct, he subsequently enlisted in the Regular Army using a different SSAN he now claims was incorrect.  In addition, he provides no supporting statement from the Social Security Administration that provides a plausible explanation for why he was issued two different SSANs.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, the applicant has provided no evidence to suggest that the SSAN listed in his records for the period 13 May 1976 through 27 April 1978 was in error at the time he performed his military service.  Thus, the Board finds insufficient evidence to support granting the requested relief.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__  __KWL__  __DPH__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002074238	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0900	
2.		
3.		
4.		
5.		
6.