RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070012097 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe Schroeder

Member

Mr. Larry Racster

Member

	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, a copy of his enlistment records, as well as a copy of his court-martial records; that his Social Security Number (SSN) and date of birth (DOB) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected; and that the money he lost while he was confined be returned to him. 

2.  The applicant states, in effect, that his SSN and DOB are incorrect on his DD Form 214; and, that the money he lost while confined should be returned to him.  He states that if the Board wants evidence he will provide it and show where the mistakes were made.  He was signed up under the wrong SSAN.  He spoke of the delays that occurred during his trial.  He also spoke of issues that were discussed in his previous case.  He states that he now wants the money that he lost while he was in jail.  He elaborated on events that occurred during his trial.

3.  The applicant provides a copy of his DD Form 214 in support of his request. 

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 complete military records are unavailable for review. 

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 17 July 1979.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS) 11B.  

4.  On 7 January 1982, the applicant was convicted by a Special Court-Martial of the following offenses:  on or about 4 September 1981, wrongfully selling marijuana; and on or about 4 September 1981, wrongfully possessing marijuana.
5.  The applicant was sentenced to reduction to private/pay grade E-1, a forfeiture of $200.00 a month for three months, confinement at hard labor for 
75 days, and to be separated from the service with a bad conduct discharge.  

6.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows in item 21 (Time Lost) that the applicant was confined by imprisonment during the period 23 March 1982 through 24 May 1982 for a total of 63 days. 

7.  On 1 October 1982, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a bad conduct discharge. 

8.  A review of the available source documents show that he consistently utilized the same SSN listed on his DD Form 214 at the time of his discharge. There is no evidence that he ever took action to change his SSN while he was on active duty.

9.  A review of the Human Resources Command (HRC) Integrated WEB Services shows the same SSN as that listed on the applicant's DD Form 214.

10.  There is no evidence that the applicant reported to military personnel officials, while he served on active duty, that his SSN was erroneous or that the Social Security Administration had issued him a new account number. 

11.  Item 5 (Date of Birth), of the applicant's DD Form 214, shows the entry "610715" (15 July 1961).

12.  A review of the HRC Integrated WEB Service also shows the applicant's date of birth as 15 July 1961. 

13.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exist on the date of a Soldier's REFRAD or discharge.  Events that occur subsequent to the effective date of that form will not be entered retroactively on that form.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 17 July 1979.  His complete military records are unavailable for review by the Board.



2.  The applicant states, in effect, that he should be provided a copy of his enlistment record, as well as a copy of his court-martial records.  He is advised to write to the National Personnel Records Center (Military Personnel Records), 9700 Page Avenue, St Louis, Missouri, 63132-5100, in order to obtain a copy of the requested records.  A copy of a Standard Form 180 (Request Pertaining to Military Records) is attached.

3.  The applicant alleges that his SSN is incorrect on his DD Form 214 and, in effect, he enlisted under the wrong SSN.  He has provided no evidence to suggest that the SSN listed in his records was in error while he was performing his military service, or that keeping this SSN in his records would cause him any injustice.  

4.  The applicant consistently utilized the SSN listed on his DD Form 214 while he served on active duty.  He offers no explanation from the Social Security Administration as to when and why his account number was changed or why it is now different from the one recorded in his military records.

5.  The applicant's SSN is consistent throughout his record; therefore, there is no basis to correct item 3, of his DD Form 214.

6.  The applicant's DOB is recorded on his DD Form 214 and in the HRC Integrated WEB Service as "610715" (15 July 1961).  He has failed to provide official documentation to indicate that his DOB should be corrected to show a date other than 15 July 1961; therefore, there is no basis to change item 5 (Date of Birth), of the applicant's DD Form 214.  

7.  The applicant’s desire to have the records changed is understood; however, there is no basis for compromising the integrity of the Army’s records.

8.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing material error or injustice, the Board is reluctant to recommend that those records be changed.






9.  The applicant states the money that he lost while he was in jail, in effect, should be returned to him.  His sentence, at the time of his special court-martial, consisted of a reduction to pay grade E-1, a forfeiture of pay of $200.00 a month for 3 months, confinement at hard labor for 75 days, and a bad conduct discharge.  He has provided no evidence, and there is none, to show that his forfeiture of pay was unjust or in error at the time he received his special court-martial.  

10.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JRS___  __e_____  ___LR___  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.




_____Lester Echols_____
          CHAIRPERSON




INDEX

CASE ID
AR20070012097
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080401
TYPE OF DISCHARGE
BCD
DATE OF DISCHARGE
19821001
DISCHARGE AUTHORITY
AR 635-200, chapter 11
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144
2.

3.

4.

5.

6.