IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090009084 


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, correction of his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that the character of his discharge be changed to honorable and that item 12b (Separation Date This Period) of his DD Form 214 should be corrected to show 9 May 2004.

2.  The applicant states that his SSN on his DD Form 214 should be corrected to read 220-9x-xx8x.  He also states that the character of his discharge should be changed from uncharacterized to honorable and his separation date should be May 2004.

3.  The applicant provided his DD Form 214 for the period ending 26 February 1997 and a copy of a letter from the Social Security Administration (SSA) in Rockville, MD in support of this 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.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted into the U.S. Army Reserve (USAR) on 9 May 1996 for a period of 8 years.  His DD Form 214 shows he entered active duty for training (ADT) on 13 September 1996.

3.  The applicant's DD Form 4, dated 9 May 1996 shows his SSN as
217-9x-xx8x.

4.  Item 2 (SSN) of the applicant's DA Form 2-1 (Personnel Qualification Record) that was prepared on 18 September 1996, shows his SSN as 217-9x-xx8x.

5.  Item 6 (Reserve Obligation Term Date) of his DD Form 214 and item 32a (Ready Reserve Obligation Expiration Date) of his DA Form 2-1 show the date of 8 May 2004.

6.  On 26 February 1997, he was released from active duty (REFRAD) upon the completion of his required active service with an uncharacterized character of service and he was returned to the 1085th USA Map District, Annapolis, MD to complete his Reserve obligation.  He had completed 5 months and 14 days of creditable active service this period.

7.  The applicant's record contains a properly-constituted DD Form 214.  Item 3 of his DD Form 214 shows his SSN upon discharge as 217-9x-xx8x.  Item 12b of the applicant's DD Form 214 shows he was REFRAD on 26 February 1997.  Item 23 (Type of Separation) shows he was released from ADT.  Item 24 (Character of Service) shows that his character of service was uncharacterized.  Item 25 (Separation Authority) shows the entry "AR [Army Regulation] 635-200, Chap[ter] 4."  Item 28 (Narrative Reason for Separation] shows the entry "completion of required active service."  

8.  The applicant provides a copy of a letter from the SSA, dated 12 May 2009, which states that the applicant's SSN is 220-9x-xx8x and it was assigned to him on 9 September 1981.  The letter further stated that their agency had assigned a previous number to him on 5 April 1978, but now records are cross-referred and the only number he can use is 220-9x-xx8x.


9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army (RA) and U.S. Army Reserve (USAR).  Paragraph 1-10 (USAR Membership), in pertinent part, provides that service in the USAR is either statutory or contractual.  Under the provisions of Title 10, U.S. Code, section 651, each person who becomes a member of the U.S. Armed Forces, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years.  Any part of such service that is not active duty (AD) will be performed in a Reserve Component.  A person's statutory military service obligation runs concurrently with a contractual military service obligation.

10.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that a 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.  This regulation provides, in pertinent part, that for item 3 of the DD Form 214 to enter the applicant SSN as verified by his/her official records.

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel.  Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed ADT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SSN contained on his DD Form 214 is incorrect was carefully considered and found to lack merit. 

2.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information 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 of material error or injustice, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

4.  The evidence of record shows that the applicant was in a Reserve status at the time of his release from ADT on 26 February 1997.  The evidence of record shows that he was properly issued a DD Form 214 for the period he was ordered to ADT.  The evidence of record shows that the applicant had not completed 180 days of continuous active service prior to his being transferred back to the USAR after the completion of his ADT.  Additionally, an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an honorable discharge.

5.  The evidence of record shows that the applicant incurred an 8-year Reserve service obligation when he enlisted in the USAR.  The pertinent Army regulation states that the DD Form 214 is a snapshot of active duty service. Evidence of record shows that he was on ADT and upon completion of such training was returned to the USAR to complete his remaining 8-year Reserve obligation which was scheduled to be completed on 8 May 2004.  Therefore, the entry in item 12b of his DD Form 214 is correct as constituted and there is no basis for changing item 12b of his DD Form 214 to show any further active service beyond his completion of ADT on 26 February 1997.

6.  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 that requirement.

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)                                         AR20090009084



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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