IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002184 


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 records to show his social security number (SSN) as "XX5-XX-XXXX," he served in Germany, and his authorized awards.  He also requests a copy of his military service records.

2.  The applicant states, in effect, the third digit of the SSN recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect and should be "5" instead of "4."

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 22 April 1960.  [The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment.]

3.  The DD Form 93 (Record of Emergency Data) completed by the applicant on 22 April 1960 shows "XX4-XX-XXXX" in the SSN block.  It also shows the applicant reviewed this form in November 1962.

4.  The applicant's DA Form 24 (Service Record) shows the entry "XX4-XX-XXX" in the Name and Service Number block.  It also shows in:

	a.  Section 5 (Service Outside Continental United States [CONUS]) he departed CONUS on 10 September 1960, arrived in Bremerhaven, Germany, on 18 September 1960 for duty in U.S. Army Europe (USAREUR); departed USAREUR from Hohenfels, Germany, on 5 December 1962; and arrived in CONUS on 8 December 1962.

	b.  Section 9 (Medals, Decorations, and Citations) the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Browning Automatic Rifle Bar.

5.  Headquarters, Fort Riley, Kansas, Special Orders Number 136, dated 10 June 1960, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  Headquarters, 1st Armored Rifle Battalion, 41st Infantry, Fort Hood, Texas, Special Orders Number 101, dated 30 July 1960, awarded the applicant the Marksman Marksmanship Qualification Badge with Browning Automatic Rifle Bar.

7.  The applicant's DD Form 214 shows he entered active duty on 22 April 1960, was honorably released from active duty on 11 March 1963, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years, 10 months, and 20 days of net active service.

	a.  Item 24c (Foreign and/or Sea Service) shows the entry "USAREUR" and he completed 2 years, 2 months, and 29 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "Not Applicable."

	c.  Item 32 (Remarks) shows the entry "Social Security Account Number (SSAN):  XX4-XX-XXXX."

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance for preparation of the DD Form 214.  It states 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.  The instructions show for:

		(1)  item 24c to enter total active duty outside CONUS for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., "USAREUR");

		(2)  item 26 to enter decorations awarded or authorized during the period covered by the DD Form 214 from section 9 of the DA Form 24, omitting authorities cited therein; and

		(3)  item 32 to transcribe the SSAN from the DA Form 24 in the following manner:  "SSAN:  000-00-0000."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show his SSN as "XX5-XX-XXXX," he served in Germany, and all of his authorized awards.  He also requests a copy of his military service records.

2.  Copies of military service records are not issued by the ABCMR.  However, the applicant may obtain a copy of his military service records by submitting a request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri  63132-5100.  The applicant can find additional information concerning electronic veterans' records (eVetRecs) on its website at:  http://www.archives.gov/st-louis/military-personnel.

3.  The evidence of record shows that subsequent to his entry on active duty in the U.S. Army, the applicant's SSN was recorded in his personnel records as "XX4-XX-XXXX" and the applicant confirmed the accuracy of this SSN.  The evidence of record also shows this SSN was accurately and consistently recorded in the applicant's official military service records up until the date of his release from active duty.

	a.  The applicant provides no official documentary evidence in support of his request to show his SSN is "XX5-XX-XXXX."

	b.  Considering the information presented by the applicant together with the evidence of record, applicable law, and regulations, it is concluded that the applicant's request is not sufficient to warrant a change to the SSN recorded in his military service records and on his separation document.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

	a.  The applicant's military service records clearly show he reported his SSN as "XX4-XX-XXXX" and this is documented in his military service records.

	b.  There is no evidence the applicant had intent to defraud the government.

	c.  In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.

5.  The applicant's military service records show he served overseas in Germany and his DD Form 214 properly shows this foreign service as "USAREUR."  There is no requirement to enter a more specific overseas location on the DD Form 214.  Therefore, there is no basis for correcting the applicant's DD Form 214 to show he served in Germany.

6.  The evidence of record shows the applicant qualified for award of the National Defense Service Medal.

7.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show all of his awards and decorations as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 26 of his DD Form 214 the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars

2.  The Board further determined 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 his SSN and overseas service in Germany.



      _________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)                                         AR20110002184



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ABCMR Record of Proceedings (cont)                                         AR20110002184



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