IN THE CASE OF:	  

		BOARD DATE:	       18 November 2008

		DOCKET NUMBER:  AR20080009631 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show a different social security number (SSN), mailing address, and rank.

2.  The applicant states, in effect, that when he enlisted, his mother mistakenly provided him with a brother's SSN.  His correct SSN is xxx-xx-4881.  He also states that he was a specialist four, pay grade E-4, when he finished his service and he provides an address in Newton, Iowa, that he states is correct.

3.  The applicant provides a Social Security Administration document showing his SSN as xxx-xx-4881.

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.  On 22 September 1983 the applicant enlisted in pay grade E-1 in the United States Army Reserve (USAR) for a period of 6 years.  He provided an SSN ending in 4128 and an address in Marshalltown, Iowa.  That SSN and address in Marshalltown, Iowa, were used throughout this period of USAR service.

3.  He served on initial active duty for training (IADT) from 7 October 1983 to 20 January 1984 and was awarded a military occupational specialty of 11B10 as an infantryman.  He was released from IADT and transferred to his USAR unit as a private, pay grade E-1.

4.  Item 19 (Mailing Address After Separation) on his DD Form 214 shows the address in Marshalltown, Iowa, that he used on his enlistment documents.

5.  Headquarters, 88th USAR Command, Orders 90-10, dated 10 August 1987, transferred the applicant as a specialist four (pay grade E-4) to the USAR Control Group (Annual Training).  USAR Personnel Center Orders D-09-080058, dated 19 September 1989, discharged the applicant from the USAR effective 21 September 1989.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  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, this Board is reluctant to recommend that those records be changed.

2.  The applicant provided a copy of his Social Security card that shows his SSN ends in 4881; however, it is not known when he was issued this SSN.  In any case, he appropriately served in and was released from military service with the SSN ending in 4128.  While his desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so that a record of the SSN he currently uses will be on hand.

3.  Similarly, he provides no evidence that the addresses listed on his enlistment documents and/or DD Form 214 was in error at that time.  He offers no explanation as to how he could have used addresses in the wrong town for his entire period of service.

4.  The applicant was indeed a specialist four (E-4) when he completed his USAR service in 1989.  However, he was a private (E-1) when he was released from IADT on 20 January 1984.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The record does not contain and the applicant has failed to submit evidence that would satisfy this requirement.  Changing the applicant's DD Form 214 is not warranted.

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)                                         AR20080009631



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ABCMR Record of Proceedings (cont)                                         AR20080009631



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