RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            FEBRUARY 24, 2004                  
	DOCKET NUMBER:   AR2003091284

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Lawrence Foster		Member	
	Ms. Margaret V. Thompson		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his social security number be changed.

2.  The applicant states, in effect, that his social security number was changed on 21 November 1994, because another person had been issued the same Social Security Number (SSN).  He now wants his service number changed to ensure that his income status is changed from one SSN to the new one.

3.  The applicant submitted a copy of his DD Form 214, Report of Transfer or Discharge, dated 26 July 1968; a copy of a letter from the Social Security Administration, dated 17 March 2003; and a copy of a form letter, titled: Cambio de Identificacion [Change of Identification], dated 21 November 1994, to support his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error that he alleges was discovered on 21 November 1994.  The application submitted in this case is dated 21 May 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 27 July 1966.  The applicant completed basic combat training at Fort Jackson, South Carolina, and received his advanced individual training at Fort Lee, Virginia.  On completion of his training, he was awarded the military occupational specialty 76D, Ordnance Supply and Parts Specialist.

4.  On 5 August 1966, the applicant completed a DA Form 41, Record of Emergency Data.  In Item 9 (Social Security Number), of this form, the applicant entered the number -**-****.

5.  On 9 August 1966, the applicant completed a DA Form 3027, U.S. Army Request for National Agency Check.  In Item 4 (Social Security No.), of this form, the applicant entered the number -**-****.

6.  The applicant consistently used the above number in all documents that required an SSN throughout his military service.  There is no evidence that he ever took any action to change his SSN while he was on active duty.  The applicant submits that he got his new SSN on 21 November 1994.

7.  The applicant's service personnel records show that he was honorably released from active duty on 26 July 1968, at the expiration of his term of service, in the rank and pay grade, Private, E-2.

8.  Block 3 (Social Security Number), of the applicant's DD Form 214, shows the number -**-****.

9.  In the form letter titled, Cambio de Identificacion [Change of Identification], the applicant requested that his SSN be changed.  The agency to which this request was submitted, and which approved the requested change, cannot be identified from the information shown on the form letter.

10.  The letter of reply addressed to the applicant from the Social Security Administration, dated 17 March 2003, states that they received his request for a copy of the letter issued in 1994 regarding a change of his Social Security number.  The Social Security Administration informed the applicant that they were unable to process his request because this document was no longer in their system.

11.  The applicant alleges on the DD Form 149, Application for Correction of Military Record, that he submitted to this Board, that the date of discovery of the alleged error or injustice took place on 21 November 1994.

12.  Army Regulation (AR) 635-5 is the regulation that prescribes the separation documents that will be furnished each individual who is separated from the Army.  Section III, of this regulation, in effect on the applicant's separation date, provides instructions for the completion of each item on the DD Form 214.  To completed Item 3, of the DD Form 214, the Social Security account number was to be transcribed from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have his SSN in his Army records changed is acknowledged.

2.  The Social Security account number shown in Block 3 of the DD Form 214 is the number that the applicant reported as being his from his entry into the Army until he was separated.

3.  The applicant consistently used this number throughout his Army service, as evidenced by the DA Form 3027, DA Form 41, and the DD Form 214.

4.  The applicant alleges that his SSN was changed on 21 November 1994 but the documentary evidence that he submitted is inconclusive.  Notwithstanding this, there is no basis for compromising the integrity of the Army's records.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is no basis to recommend that these records be changed.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration in 21 November 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 20 November 1997.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

rvo _____  lf  ______  mvt______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's 

failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		__Raymond V. O’Connon___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091284	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  10	100.0900	
3.		
4.		
5.		
6.