IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008947 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 3 (Social Security Number (SSN)) to show the entry "xxx-06-xxxx" instead of "xxx-26-xxxx"
* Item 12b (Separation date This Period) to show the entry "83  06  29" instead of "82  06  29"

2.  The applicant states the data was entered incorrectly.

3.  The applicant provides a copy of her DD Form 214 and a copy of a Social Security Card.

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 she enlisted in the Regular Army (RA) for a period of 4 years on 14 September 1981.  Her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) listed her SSN as "xxx-26-xxxx."  She authenticated this form and all allied documents by placing her signature in the appropriate places. 

3.  Her DA Form 2-1 (Personnel Qualification Record) that was created upon her entrance into the Army shows her SSN with "26" as the fourth and fifth digits.  She reviewed this form and authenticated it by placing her signature in the appropriate block. 

4.  The applicant's records show she completed basic combat and advanced individual training and she was awarded military occupational specialty 13R (Field Artillery Fire-Finder Radar Operator).  She was assigned to E Battery, 82nd Field Artillery, Fort Hood, TX.

5.  On 23 October 1981, she accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for not being in the proper uniform as a fireguard sentinel.  The DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) listed her SSN with "26" as the fourth and fifth digits.  She authenticated this form by placing her signature and/or initials in the appropriate blocks. 

6.  On 5 January 1982, she was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed her SSN with "26" as the fourth and fifth digits.

7.  On 5 February 1982, she completed a DD Form 93 (Record of Emergency Data) and VA Form 29-8286 (Servicemen's Group Life Insurance Election).  She indicated that her SSN contained the numbers "26" as the fourth and fifth digits and she authenticated each form by placing her signature in the appropriate block.

8.  On 12 June 1982, her immediate commander advised her of his intent to initiate action to discharge her from the Army under the provisions of paragraph 5-31 (Expeditious Discharge Program) of Army Regulation 635-200 (Personnel Separations) by reason of failure to demonstrate potential for promotion.  The notification memorandum listed her SSN with "26" as the fourth and fifth digits. 

9.  On 14 June 1982, she acknowledged notification of the proposed separation action and consulted with legal counsel.  She was advised of the basis for the contemplated separation action under the provisions of paragraph 5-31, Army Regulation 635-200, the effect on future enlistment in the Army, the possible effects of a general discharge, and of the procedures and rights that were available to her.  .

10.  On 22 June 1982, subsequent to the initiation of separation action against her, the separation authority approved the applicant's discharge and directed that she be issued a General Discharge Certificate.  

11.  On 25 June 1982, Headquarters, 1st Cavalry Division, Fort Hood, TX, published Orders 123-27 reassigning the applicant to the Separation Transfer Point effective 29 June 1982 for the purpose of separation processing.  The orders listed her SSN with "26" as the fourth and fifth digits. 

12.  The applicant's DD Form 214 shows she was discharged under the provisions of paragraph 5-31 of Army Regulation 635-200 with a general discharge.  Item 3 of this form shows her SSN as "xxx-26-xxxx" and item 12b shows she was separated on "82  06  29" [29 June 1982].

13.  She submitted a copy of a Social Security Card that contains her name and the SSN of "xxx-06-xxxx."

14.  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.  Item 12a (Date Entered Active Duty This Period) shows the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.  Item 12b shows the Soldier's transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted in the RA on 
14 September 1981 using SSN "xxx-26-xxxx."  The applicant consistently used this SSN throughout her entire period of military service.  She authenticated several documents by placing her signature in the appropriate blocks, indicating this was her correct SSN.  She did not use SSN "xxx-06-xxxx" during the time she served in an active duty status.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed her SSN is correct and there is an insufficient evidentiary basis for changing her records at this time. 

3.  The evidence available evidence shows separation action was initiated against the applicant in June 1982.  She acknowledged receipt of the notification memorandum in June 1982 and the separation action was approved on 24 June 1982.  She was ultimately discharged on 29 June 1982.  There is no evidence in her records and she did not provide any evidence that shows she served through 29 June 1983.  Her date of discharge is correctly listed on her DD Form 214.  Therefore, she is not entitled to the 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)                                         AR20100008947



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)