IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017362 


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 the social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected and the DD Form 214 be corrected by adding an entry showing he completed basic combat training (BCT).  

2.  The applicant states item 3 (Social Security Number) of his DD Form 214 lists an incorrect temporary SSN and he provides what he believes is his correct SSN. He also claims the DD Form 214 should show he completed BCT. 

3.  The applicant provides copies of his birth certificate and social security card in support of the 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 records show he enlisted in the Regular Army and entered active duty on 1 February 1973.  

3.  A DD Form 369 (Police Record Check) prepared on the applicant during his enlistment processing lists the SSN he now claims is correct on the enclosed finger print card.  

4.  The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) lists the SSN he now claims is incorrect in item 1 (Service No./SSAN).   

5.  The applicant's DA Form 20 (Enlisted Qualification Record) that was prepared upon his entry on active duty on 7 February 1973, lists the SSN he now claims is incorrect in item 1 (Name and Service Number).  

6.  Item 38 (Record of Assignments) of the DA Form 20 shows he completed BCT at Fort Ord, California, on or about 8 April 1973.  

7.  The applicant' s record shows the following three periods of his being absent without leave (AWOL):

* 9 to 11 April 1973
* 18 through 29 April 1973
* 5 May through 25 September 1973.

8.  The record contains a separation packet completed during his processing for separation under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  The SSN listed throughout this packet is the one he now claims is correct.  The packet includes a statement from a Judge Advocate General (JAG) officer that indicates the applicant's permanent SSN is the one he now claims is correct and the one he now claims is incorrect was a temporary SSN.

9.   On 1 November 1973, the applicant was separated with a general, under honorable conditions discharge (GD).  Item 3 of his DD Form 214 he was issued at the time lists the SSN he now claims is incorrect.  

10.  The applicant provides a copy of his social security card that lists the SSN he now claims is correct.   


11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It 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.  

12.  The version of the separations documents regulation in effect at the time stipulated to enter formal in-service training courses successfully completed during the period of service covered by the DD Form 214 in item 25 (Education and Training).  It further indicated "this information was to assist the Soldier in employment placement and counseling; so training courses for combat skills will not be listed."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contention that his DD Form 214 should be corrected to show his correct SSN was carefully considered and found to have merit.  Both the SSN he now claims is incorrect and the one he now claims is correct were used during his enlistment processing, on documents prepared during his service, and in the separation packet used during his discharge processing.  

2.  Further, the separation packet contains a memorandum from a JAG officer confirming the SSN he now claims is correct was his permanent SSN and the one he now claims is incorrect was a temporary SSN.  Therefore, it would be appropriate correct the applicant's DD Form 214 to show his correct SSN as it is listed on his social security card and in various documents in his military records. 

3.  The applicant's DA Form 20 shows he completed BCT; however, training courses for combat skills are not authorized for entry on the DD Form 214.  As a result, it would not be appropriate to grant this portion of the requested relief. 

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 amending item 3 of the applicant's DD Form 214 by deleting the current entry and replacing it with an entry showing the social security number he now claims is correct as listed on his social security card (4xx-xx-xxxx).

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 adding an entry showing completion of BCT to the DD Form 214.  



      
      _______ _   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)                                         AR20090017362



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ABCMR Record of Proceedings (cont)                                         AR20090017362



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