IN THE CASE OF: BOARD DATE: March 200 DOCKET NUMBER: AR2009003 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: . Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: . 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: . The applicant requests correction of his DD Form 24 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "x0x-x-xx" instead of "xx-x4-xx." 2. The applicant states, in effect, that his SSN is incorrectly shown on his DD Form 24. 3. The applicant provides a copy of his DD Form 24, dated 3 May 99; a copy of his Form SSA-245 (Report of Confidential Social Security Benefit Information), dated 2 June 2009; and a copy of the Social Security Administration printout, dated 2 June 2009, in support of his request. CONSIDERATION OF EVIDENCE: . Title 0, U.S. Code, section 552(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 records show he enlisted in the Regular Army for a period of 3 years on 29 July 9. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number. His SSN was not listed. The applicant authenticated this form by placing his signature in item 57 (Oath of Enlistment - Signature). 3. The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his SSN as "xx-x4-xx." The DA Form 20 was dated stamped 2 August 9. The applicant audited this form on 24 October 9 and authenticated it with his signature. 4. On 29 July 9, the applicant completed a DA Form 4 (Record of Emergency Data) and indicated that his SSN was "x0x-x-xx." 5. On 2 April 9, Headquarters, 3rd Signal Battalion, published Special Orders Number 44 promoting the applicant to specialist five/E-5. The orders listed his SSN as "x0x-x-xx." . On 24 July 9, the applicant was issued a DA Form 73 (Certificate of Clearance and/or Security Determination) that listed his SSN as "x0x-x-xx." 7. On 20 November 9, Headquarters, 3rd Signal Battalion, published Special Orders Number 250 authorizing the applicant special leave. The orders listed his SSN as "x0x-x-xx." . On 5 April 99, Headquarters, 3rd Signal Battalion, published Special Orders Number 03 directing his reassignment to the Republic of Vietnam. The orders listed his SSN as "xx-x4-xx. 9. On 3 May 99, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published Special Orders Number 23 directing the applicant's release from active duty. The orders listed his SSN as "xx-x4-xx." 0. On 3 May 99, the applicant was honorably released from active duty. Item 3 (SSN) of the DD Form 24 he was issued shows his SSN as "xx-x4-xx." . The applicant submitted a copy of his Form SSA-245, dated 2 June 2009 that shows SSN "x0x-x-xx" was established for the applicant in June 93. He also submitted a copy of his Social Security Administration printout, dated 2 June 2009, that also shows SSN "x0x-x-xx" is assigned to him. DISCUSSION AND CONCLUSIONS: . The applicant contends that his SSN should be corrected. 2. The evidence of records shows that upon his entry on active duty, the applicant was assigned the SSN "xx-x4-xx" as shown on his DA Form 20 and some of his personnel records including his DD Form 24. However, during his period of military service, he also used the SSN "x0x-x-xx." It is unclear why the applicant was issued two SSNs. 3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records. In this regard, 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. 4. Nevertheless, he submitted a copy of his Form SSA-245 that shows SSN "x0x-x-xx" was established for him in June 93 and a copy of his Social Security Administration printout, that also shows SSN "x0x-x-xx" is assigned to him. This SSN is consistent with the SSN shown on some of his military records. Any doubt with respect to the correct SSN should be in his favor. Therefore, his DD Form 24 should be corrected to show his correct SSN. BOARD VOTE: ___X___ ___X____ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 24 the entry "xx-x4-xx" and adding the entry "x0x-x-xx." _______ _ 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) AR2009003 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR2009003 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS