IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20100029881 


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 DD Forms 214 (Report of Separation from Active Duty) for the periods ending 30 January 1976 and 9 August 1979 to show the number "8" as the 5th digit of his social security number (SSN) instead of the number "9."

2.  As a secondary issue, the applicant requests correction of item 5 (Department, Component, and Branch or Class) of his DD Forms 214 to show "Army-Regular Army (RA)" instead of "Army-U.S. Army Reserve (USAR)."

3.  The applicant states the SSN and component shown on his DD Forms 214 are incorrect.

4.  The applicant provides his DD Forms 214 and a copy of his 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 he enlisted in the USAR for a 6-year term on 7 June 1975.  Item 2 (SSN) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his SSN as 
"XXX-X9-XXXX."  He authenticated this form and allied documents by placing his signature in the appropriate places.

3.  On 19 August 1975, he entered active duty for the purpose of attending basic combat and advanced individual training.  On 30 January 1976, he was honorably released from active duty after obtaining qualification in military occupational specialty 64C (Motor Transport Operator) and transferred to his USAR unit of assignment.

* Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X9-XXXX"
* Item 5 of his DD Form 214 shows his component as "Army-USAR"

4.  On 25 January 1979, he was involuntarily ordered to active duty as a USAR unsatisfactory participant and was ordered to report to Fort Dix, NJ, with later assignment to Fort Rucker, AL.

5.  On 9 August 1979, he was discharged from the Army in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) under the Expeditious Discharge Program.

* Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X9-XXXX"
* Item 5 of his DD Form 214 shows his component as "Army-USAR"

6.  All documents in his military personnel records jacket (MPRJ) show his SSN as "XXX-X9-XXXX."  When required by the form, he authenticated these documents by placing his signature where necessary.

7.  He provides a copy of his social security card which shows his SSN as 
"XXX-X8-XXXX."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs 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 reflects 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 7 June 1975 using SSN "XXX-X9-XXXX."  He consistently used this SSN throughout his entire period of military service.  When required by the document, he authenticated 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.  He provides a copy of his social security card which shows his SSN as 
"XXX-X8-XXXX."  The social security card is not dated, so there is no way for the Board to determine if this card was produced before, during, or after his military service.

3.  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 current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Forms 214, were correct at the time.

5.  With respect to his request for correction of his DD Forms 214 to show his component as "RA," the evidence of record shows he enlisted in the USAR and was later ordered to active duty as a member of the USAR.  Therefore, he is not entitled to correction of his DD Form 214 to show his component as "RA."

6.  In view of the foregoing, there is insufficient evidence to grant 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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20100029881



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