IN THE CASE OF:	

		BOARD DATE:	16 September 2008  

		DOCKET NUMBER:  AR20080008705 


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:

1.  The applicant requests that his Social Security Account Number (SSAN) be corrected from .

2.  The applicant states he needs to apply for help because he is unable to work.

3.  The applicant provides his SSAN card, his separation document (DD Form 214), and an unsigned letter from the Social Security Administration (SSA) dated 8 July 2008 which informs the applicant that his SSAN has never changed, but his date of birth had been incorrectly entered by individuals at SSA.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 





substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records show that he enlisted in the U.S. Army Reserve (USAR) on 2 January 1975.  All documents he signed in conjunction with his enlistment had  entered as his SSAN, including his National Agency Check Request.   

3.  He entered active duty for his initial entry training on 7 March 1975.  During his first week of training, the applicant requested an interview with his commander.  In the endorsement documenting the conversation, the commander stated “During this interview [the applicant] freely related to me a past record of thefts, assaults and drug abuse.  He had even stolen a watch during his first day in the unit . . .”

4.  The applicant was notified by his commander of his intent to recommend his separation under the trainee discharge program and of his rights in conjunction with that recommendation.  The applicant waived his rights.

5.  The applicant’s commander’s request was approved by the appropriate authority and the applicant was issued an honorable discharge on 27 March 1975.  He had 21 days of active duty.

6.  The DD Form 214 issued to the applicant shows his SSAN as .

7.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 of the regulation provided, at that time, for the administrative separation of individuals who had demonstrated during the first 180 days of training that they lacked the necessary motivation, discipline, ability or aptitude to become effective soldiers.  This program, known as the Trainee Discharge Program, mandated the award of an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant used the SSAN  throughout his enlistment process and throughout his short period of active duty.

2.  The statement from the SSA states that the applicant’s SSAN never changed.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

4.  In view of the foregoing, there is no basis to grant the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   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)                                         AR20080008705