IN THE CASE OF:	

		BOARD DATE:	1 October 2009   

		DOCKET NUMBER:  AR20090008071 


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 (Certificate of Release or Discharge from Active Duty) to show the correct period of active service and the correct Social Security Number (SSN). 

2.  The applicant states that his DD Form 214 contains an incorrect SSN and incorrect number of years of service.  

3.  The applicant provides a copy of a letter, dated 26 April 2009, from the Department of Veterans Affairs; a copy of his Social Security Card; and a copy of his DD Form 214, dated 8 June 1973, 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.  In connection with his upcoming enlistment, the applicant completed a 
DD Form 398 (Statement of Personal History) on 19 January 1967 and indicated that his SSN was "xxx-54-xxxx."  He authenticated this form by placing his signature in the appropriate place.  He subsequently enlisted in the U.S. Army Reserve on 8 February 1967.  A copy of this enlistment contract is not available for review with this case. 

3.  The applicant’s records also show he enlisted in the Regular Army (RA) for a period of 3 years on 21 March 1967.  His DD Form 4 (Enlistment Record) contains his Service Number; it does not contain his SSN.  

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), created on 24 March 1967, and reviewed by the applicant at a later date, listed his SSN as "xxx-34-xxx."  The applicant authenticated this form by placing his signature in the appropriate block.  

5.  On 24 February 1970, Headquarters, U.S. Army Training Center, 
Fort Leonard Wood, MO, published Special Orders Number 55 directing the applicant’s release from active duty effective 20 March 1970.  The orders listed the applicant’s SSN as "xxx-34-xxx."

6.  On 3 March 1970, the U.S. Army Regional Dental Activity, St. Louis, MO, published General Orders Number 1, awarding the applicant the Good Conduct Medal.  The orders listed the applicant’s SSN as "xxx-34-xxx."

7.  The applicant was honorably released from active duty on 20 March 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows his SSN as "xxx-34-xxx" and that he completed 3 years of active service.

8.  After a period of 2 months and 20 days of inactive service, the applicant enlisted the RA for a period of 3 years on 9 June 1970.  Item 1 (Service Number) and item 49 (Prior Service) of his DA Form 3286 (Enlistment Record) listed his SSN as "xxx-34-xxxx." 

9.  In connection with this enlistment, the applicant completed a new 
DD Form 398 on 9 June 1970 and indicated that his SSN was "xxx-34-xxxx."  
He authenticated this form by placing his signature in the appropriate place.  

10.  The applicant’s new DA Form 20, created on 16 July 1970, and reviewed by the applicant at a later date, listed his SSN as "xxx-34-xxx."  The applicant authenticated this form by placing his signature in the appropriate block.  

11.  On 16 November 1970, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his SSN as "xxx-34-xxxx." 

12.  On 10 May 1973, the applicant completed a DA Form 664 (Serviceman’s Statement Concerning Application for Compensation from the Veteran’s Administration) and listed his SSN as "xxx-34-xxx."  Again, he authenticated this form by placing his signature in the appropriate block.  

13.  On 6 June 1973, the applicant was issued a DA Form 1337 (Installation Clearance Record) that listed his SSN as "xxx-34-xxx."  He authenticated this form by placing his signature in the appropriate block.  

14.  He was honorably discharged on 8 June 1973 by reason of expiration of his term of service.  The DD Form 214 he was issued listed his SSN as "xxx-34-xxx." Additionally, this form shows the following entries:

	a.  item 17c (Date of Entry) shows "9 JUN 70";

	b.  item 11d (Effective Date [of Separation or Discharge]) shows the entry   
"8 JUN 73"; and 

	c.  item 22 (Statement of Service) shows the following entries:

		item 22a(1) (Net Service This Period) shows the entry "3  0  0";

		item 22a(2) (Other Service) shows the entry "3  2  19"; 

		item 22a(3) (Total) shows the entry "6  2  19"; and

		item 22b (Total Active Service) shows the entry "6  0  0."

15.  The applicant submitted a copy of his Social Security Card that lists his SSN as "xxx-54-xxxx."

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct SSN and record of service. 

2.  With respect to the applicant’s SSN, although upon completing the DD Form 398 on 19 January 1967 listing an SSN that contains the number "5" in the fourth digit, the evidence of record shows that throughout his first and second enlistments the applicant used an SSN that contained the number "3" in the fourth digit.  This SSN is consistent with the SSN on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his SSN on each form was correct. 

3.  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.  Nevertheless, a copy of this decisional document, along with the applicant’s application will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different SSNs, and adequately document his correct SSN in his record. 

4.  With respect to his record of service, the evidence of record shows the applicant initially enlisted in the RA on 21 March 1967 and was honorably separated on 20 March 1970.  He completed 3 years of creditable active military service during this period of initial enlistment and was issued a DD Form 214 to document this period of active service.

5.  The evidence of record further shows that he enlisted again in the RA on 9 June 1970 and was discharged on 8 June 1973.  He completed 3 years of creditable active service during the period covered by this DD Form 214.  Item 17c of his DD Form 214 correctly reflects 9 June 1970 (the date he enlisted), item 11d correctly reflects 8 June 1973 (the date he was discharged), item 22a(1) correctly shows 3 years (the total active service from the date he enlisted to the date he was discharged), and item 22a(2) correctly reflects 3 years which is the applicant's total prior active service.  When combining the applicant's net service in item 22a(1) to his total prior active service in item 22a(2), it equates to 6 years of total creditable active service which is correctly shown on his DD Form 214.

6.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20090008071



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ABCMR Record of Proceedings (cont)                                         AR20090008071



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