IN THE CASE OF:	  

		BOARD DATE:	 23 June 2011

		DOCKET NUMBER:  AR20100028960 


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 social security number (SSN) from "xxx-xx-7018" to "xxx-xx-0731"
* correction of his Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) to incorporate his U.S. Navy (USN) and U.S. Naval Reserve (USNR) service
* correction of unspecified errors in his personnel file and Army computer databases
* update of his security clearance

2.  The applicant states, in effect, that the Army and Navy never communicated upon his enlistment into the U.S. Army Reserve (USAR), thus his USN/USNR service was not accurately reflected on his Army retirement points statement.  He further states that upon his injury and discharge from Iraq [sic], his unit commander and the U.S. Army Human Resources Command (HRC) were notified of the errors within his service record, as he requested their correction and a copy of the corresponding changes.  

3.  The applicant provides:

* State of California Certificate of Live Birth
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 July 1989
* DD Form 214, for the period ending 30 December 1994
* DD Form 214, for the period ending 5 December 1997
* State of Georgia, Dekalb County court decree 
* DD Form 1343 (Notification of Change in Service Members Official Records)
* Statement of Service for Naval Reserve Retirement, dated 15 January 2004
* memorandum, 99th Regional Support Command, Coraopolis, PA, dated   5 June 2004
* DD Form 214, for the period ending 21 October 2005
* photocopies of his social security card, State of Georgia commercial driver's license, and Department of Veterans Affairs (VA) medical 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 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 requested correction of his ARPC Form 249-E to incorporate his USN and USNR service.  His ARPC Form 249-E correctly lists his USN and USNR service; therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant requested correction of unspecified errors in his personnel file and Army computer databases.  Since his request does not specify what errors he would like resolved, the Board cannot determine whether to grant appropriate relief.  He may clarify his request and resubmit at a later date; however, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant requested an update of his security clearance.  The applicant has no current military status; therefore, he has no need for a military security clearance.  Additionally, this is not a function of the Board; therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

5.  After prior service in the USN and USNR, the applicant's records show he enlisted in the USAR, for a 3-year term, on 8 January 1999.  Item 2 (SSN) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his SSN as "xxx-xx-7018."  He authenticated this form and allied documents by placing his signature in the appropriate places.

6.  Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) his SSN as "xxx-xx-7018."

7.  On 4 January 2002, he extended his enlistment in the USAR.  Item 3 (SSN) of his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) lists his SSN as "xxx-xx-7018."  He authenticated this form by placing his signature in the appropriate place.

8.  On 19 September 2003, he again extended his enlistment in the USAR.  Item 3 of his DA Form 4836 lists his SSN as "xxx-xx-7018."  He again authenticated this form by placing his signature in the appropriate place.

9.  All documents on his official military personnel file (OMPF) show his SSN as "xxx-xx-7018."  When required by the form, he authenticated these documents by placing his signature where necessary.

10.  On 13 June 2004, he was mobilized in support of Operation Iraqi Freedom, and deployed to Kuwait and Iraq.  On 21 October 2005, he was honorably released from active duty and returned to his USAR unit of assignment.         Item 3 (SSN) of his DD Form 214 lists his SSN as "xxx-xx-7018." 

11.  Orders 06-128-00033, Headquarters, 81st Regional Support Command, Birmingham, AL, dated 8 May 2006, honorably discharged him from the USAR effective 8 May 2006.  These orders show his SSN as "xxx-xx-7018."

12.  He provides numerous documents that substantiate various points of his service in the USN, USNR, and USAR; however, with the exception of his social security card, each document shows his SSN, if shown on the document, as "xxx-xx-7018."  The social security card is not dated, so there is no way it can be determined when his SSN was changed.    

13.  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 at the time of release from active duty, retirement or discharge.  
It is important that information entered on the form be complete and accurate, and reflect the conditions as they existed at the time of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on              8 January 1999, using SSN "xxx-xx-7018."  He consistently used this SSN throughout his entire period of military service, including multiple enlistments or reenlistments.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use the requested SSN during his service.

2.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to now record his new SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.

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 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20100028960



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