IN THE CASE OF:	  

		BOARD DATE:	       5 May 2009

		DOCKET NUMBER:  AR20080019507 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of discharge as 27 December 1969 and his social security number (SSN) as xxx-50-xxxx.  

2.  The applicant states, in effect, that he was authorized excess leave and that his DD Form 214 shows his SSN as xxx-56-xxxx. 

3.  The applicant provides no additional documentation in support of his application. 

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 9 June 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant was assigned a Regular Army service number which he used during his period of service.  His SSN was also recorded on his DA Form 20 (Enlisted Qualification Record) as xxx-56-xxxx.

4.  The applicant was absent without leave (AWOL), Dropped from the Rolls (DFR) of the Army, or in confinement during the following inclusive periods:

	a.  4 November 1967 to 24 January 1968 (AWOL);

	b.  26 January to 25 February 1968 (Confinement);

	c.  19 April to 9 June 1968 (Confinement);

	d.  19 July to 18 August 1968 (AWOL);

	e.  19 August to 22 August 1968 (DFR);

	f.  23 August to 27 August 1968 (AWOL); and

	g.  28 August to 26 December 1968 (Confinement).

5.  On 27 December 1968, the applicant was discharged with a characterization of service of under other than honorable conditions.  He had completed 7 months and 22 days of creditable active duty service and had 327 days of lost time.  He was granted 11 days of excess leave during the period from 24 October to
3 November 1967.

6.  Under the Department of Defense Special Discharge Review Program (SDRP), the applicant's characterization of service was subsequently changed to under honorable conditions.

7.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry xxx-56-xxxx.  Item 9d (Effective Date) of this same separation document shows his discharge date as 27 December 1968. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that for Item 3, check records with 
separatee's social security card when possible.  Otherwise, verify the accuracy of the SSN of record.  The regulation further provided that for Item 9d, effective date of separation will be shown in the order shown on the DD Form 214, using all numerals; e.g., 73 for year, 01 for January.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his date of discharge as 27 December 1969 and his SSN as xxx-50-xxxx.

2.  The evidence of record clearly shows that the applicant was discharged on 
27 December 1968.  The applicant has not provided any evidence or convincing argument showing that this date is incorrect.

3.  The evidence of record shows his SSN as xxx-56-xxxx.  The applicant has not provided any documented evidence showing that his SSN is incorrectly recorded in his military records.

4.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.  Therefore, even if the applicant has changed his SSN since leaving the military service, it would not be in the interest of the Army to change his military records unless there was a documented hardship or loss of benefits caused by such record.

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 applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting 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)                                         AR20080019507



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ABCMR Record of Proceedings (cont)                                         AR20080019507



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