IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090001286 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct separation date and correct Social Security Number (SSN).

2.  The applicant states that his separation date should be 11 October 1968 instead of 11 October 1972 and his SSN should be xxx-40-xxxx instead of       xxx-90-xxxx. 

3.  The applicant provides a copy of his DD Form 214, dated 11 October 1972, and a copy of his Social Security Card, 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 record shows he enlisted in the Regular Army for a period of 3 years on 18 October 1965.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) listed his Service Number, but not his SSN. 

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) created on 18 October 1965 shows the applicant’s SSN as xxx-90-xxx. 

4.  The applicant’s DA Form 2431 (Personnel Suspense Card), dated 18 October 1965, also shows his SSN as xxx-90-xxxx.

5.  The applicant’s record further shows he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS 94B (Cook).  

6.  On 27 June 1968, Headquarters, 172nd Infantry Brigade (Mechanized), Alaska, published Special Orders Number 142, awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  The orders listed his SSN as xxx-90-xxx.

7.  On 16 August 1968, Headquarters, 172nd Infantry Brigade (Mechanized), Alaska, published Special Orders Number 183, directing the applicant’s reassignment from his unit of assignment, 1st Battalion, 60th Infantry, Alaska, to the U.S. Army Transfer Station, Fort Lewis, WA, effective 6 October 1968.  The orders listed his SSN as xxx-90-xxx.

8.  On 16 September 1968, Headquarters, 172nd Infantry Brigade (Mechanized), Alaska, published Special Orders Number 24, awarding the applicant the Good Conduct Medal (1st Award).  The orders listed his SSN as xxx-90-xxx.

9.  On 11 October 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published Special Orders Number 285, directing the applicant’s release from active duty effective 11 October 1968.  The orders listed his SSN as xxx-90-xxxx.

10.  The applicant’s record further shows he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 October 1972.  He completed 2 years, 11 months, and 24 days of creditable active military service. Item 3 (Social Security Number) of his DD Form 214 listed his SSN as xxx-90-xxx and item 11d (Effective Date) listed his effective date of separation as 11 October 1972.

11.  There is no indicated in the applicant's record that he reenlisted in the Regular Army.
12.  The applicant provided a copy of his Social Security Card that shows his SSN as xxx-40-xxxx.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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.  Item 11d of the version in effect at the time shows the effective date of separation, discharge, or release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his correct separation date and SSN.

2.  With respect to the applicant’s separation date, the evidence of record shows the applicant enlisted for a period of 3 years on 18 October 1965 and was honorably released from active duty on 11 October 1968.  He completed 2 years, 11 months, and 24 days of creditable active military service.  He did not reenlist prior to or after his separation.  It appears that his DD Form 214 erroneously shows the year of separation as 1972 instead of 1968.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the correct date of release from active duty.

3.  With respect to the applicant’s SSN, it appears that throughout his military service, the applicant consistently indicated and certified that his SSN was       xxx-90-xxxx.  His DA Form 20 that was created upon his entrance into the Army confirms that at the time, he was assigned a SSN that contained the number 9 in the fourth digit.  All of his military documents, that contain his SSN, show the number 9 as the fourth digit of his SSN, to include his DD Form 214. 

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s SSN in this case.  

5.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different SSNs and adequately document his SSN in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "11 October 1972" from item 11d of the applicant’s DD Form 214 and adding the entry "11 October 1968." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant’s Social Security Number. 




      _______ _ XXX  _______   ___
               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)                                         AR20090001286



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ABCMR Record of Proceedings (cont)                                         AR20090001286



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