MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            14 February 2002                  
	DOCKET NUMBER:    AR2001065419

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		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 records be corrected to show his correct social security number (SSN); that he was a Prisoner of War (POW); and that he earned the Purple Heart (PH).  

APPLICANT STATES:  In effect, that the SSN listed in the separation document (DD Form 214) issued to him upon his release from active duty (REFRAD) on 
15 July 1970 is incorrect; and that during his active duty tenure he was a POW and earned the PH.  

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

On 3 June 1966, he enlisted and entered active duty in the Regular Army.  He continuously served on active duty until 15 July 1970, at which time he was honorably separated after completing a total of 4 years, 4 months, and 
24 days of active military service.  The identification number listed in the enlistment contract prepared for this period of service was an Army service number and not a SSN.

The Enlisted Qualification Record (DA Form 20) prepared on the applicant on 
21 November 1966, and that was last audited by him on 29 November 1969, contains the SSN he now claims is incorrect in item 1 (Name and Service Number).  Item 40 (Wounds) contains no entry indicating that he was ever wounded in action and item 41 (Awards and Decorations) does not include the PH in the list of earned awards.  Further, there is no entry elsewhere in this record that indicates that he was ever held as a POW during his tenure on active duty.  

On 6 June 1967, the applicant was released from active duty (REFRAD) for the purpose of immediate reenlistment and was issued a DD Form 214.  This separation document contains the SSN he now claims is correct in item 3 (Social Security Number) and which differs from the SSN listed in his DA Form 20 and in documents on file elsewhere in his military records.  In addition, this document does not include the PH in the list of awards contained in item 34 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and it gives no indication that he was ever wounded in action or held a POW during this specific period of active duty.  

On 15 July 1970, the applicant was separated and issued a DD Form 214, which documents his period of active duty service between 7 June 1967 and 15 July 1970.  Item 3 (Social Security Number) lists the SSN recorded in the DA Form 
20 prepared on him in 1966.  In addition, this document does not include the PH in the list of earned awards contained in item 34 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and it gives no indication that he was wounded in action or that he was held as a POW during this period of active duty. 
Finally, the applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate that he was ever wounded in action, awarded the PH, or held as a POW during his tenure on active duty.  Further, with the exception of DD Form 214, dated 6 June 1967, there are no official documents or orders on file that list the SSN he now claims was the correct one at the time, while there are many that contain the SSN he claims is incorrect.  

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 notes the applicant’s contentions that the SSN listed in his 
15 July 1970 DD Form 214 should be changed; and that he earned the PH and was held as a POW during his tenure on active duty.  However, it finds these claims lack merit.  

2.  In the applicant’s case, it appears that he was issued both the SSN he now claims is correct and the one recorded in his military records, which he now claims is incorrect.  However, he provides no official explanation from the Social Security Administration to clarify the use of these duplicate SSNs.  Therefore, lacking independent evidence to confirm he was never issued the SSN listed in the military records prepared on him upon his entry on active duty in 1966, the Board finds there is insufficient evidence to support changing the SSN contained in his 15 July 1970 separation document at this time.  

3.  It is clear that the preponderance of the applicant’s active duty service was performed under the SSN he now claims was in error and that this SSN was the one recorded in the military records prepared on him upon his entry on active duty and throughout his active duty tenure.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  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.  Therefore, the Board concludes that the SSN contained in the applicant’s 15 July 1970 separation document should not be changed.  

4.  However, for clarity purposes this decisional document, along with the supporting material provided by the applicant, will be filed in his Official Military Personnel File and should serve to resolve any questions related to the duplicate SSNs used by the applicant. 

5.  Further, the evidence of record contains no indication that the applicant was ever wounded in action, awarded the PH, or that he was held as a POW during his active duty tenure.   Therefore, lacking independent evidence to the contrary, the Board finds insufficient evidence to support the applicant’s contention that he earned the PH and was a POW during his tenure on active duty.  

6.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001065419	
SUFFIX		
RECON		
DATE BOARDED	2001/02/14	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/07/15	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  10	100.0900	
2.  46	107.0000	
3.		
4.		
5.		
6.