BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090021181 


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 the home of record (HOR) and social security number (SSN) that is shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that her DD Form 214 shows her HOR as St. Louis, MO instead of Quincy, IL.  It also shows the first three digits of her SSN as 322 instead of 332.

3.  The applicant provides copies of her DD Form 214 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 214 shows she enlisted in the Regular Army on 
17 April 1984.

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document) dated 
7 March 1984 contains the following entries:

* Item 2 (SSN) 332-xx-xxxx
* Item 5 (HOR) Quincy, IL 62301
* Item 6 (Place of Enlistment/Reenlistment) St. Louis, MO

4.  The applicant's record contains a copy of Permanent Orders Number 45-7, Headquarters, 2nd Infantry Division, APO SF, dated 3 March 1987, which show the first three digits of her SSN as 332.

5.  The applicant's record contains a copy of Orders Number 138-11, Headquarters, US Army Communications-Electronics Command and Fort Monmouth, NJ, dated 18 July 1984, which show the first three digits of her SSN as 332.

6.  On 17 April 1987, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  The DD Form 214 she was issued contains the following entries:

* Item 3 (Social Security No.) 322-xx-xxxx
* Item 5 (Place of Entry into Active Duty) St. Louis, MO

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.

8.  Army Regulation 635-5 provides detailed instructions for completing separation documents, including the DD Form 214.  The version of this regulation in effect at the time of the applicant's separation from active duty did not provide for entering a Soldier's HOR on the DD Form 214.

9.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It provides, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.
10.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to support the applicant's contention that the SSN that is shown on her DD Form 214 is wrong and to grant the relief requested.

2.  The documents throughout the applicant's service record lists the first three digits of her SSN as 332.  Therefore, it appears that an administrative error occurred in this case and it would be appropriate to amend the applicant's DD Form 214 to reflect her SSN as it is shown throughout her record.

3.  The regulatory policy in effect at the time of the applicant's separation from active duty did not provide for the DD Form 214 to show the HOR.  As such, there is no provision to correct the applicant's DD Form 214 to show her HOR 
as IL.  It is noted that item 6 of the applicant's DD Form 214 appropriately shows her place of entry on active duty as "St. Louis, MO."  

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 her DD Form 214 to show the first three digits of her SSN as 332.





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 correcting her DD Form 214 to show her HOR.



      ___________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)                                         AR20090021181



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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