IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013427 


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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and award of the Overseas Service Ribbon.

2.  The applicant states the incorrect SSN is a typographical error.  He also states he served in Germany with Company D, 26th Signal Battalion, for 1 year, 7 months, and 19 days in 1967-1968.

3.  The applicant provides a copy of his social security card and DD Form 214.

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 enlisted in the Regular Army on 27 June 1966.  The applicant's DD Form 398 (Statement of Personal History), dated 8 June 1966, which was completed during the entry process shows his SSN as "234-XX-XXXX."

3.  His record includes numerous documents, dated between June 1966 and January 1969, which list his SSN as "234-XX-XXXX."

4.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record).  Item 38 (Record of Assignments) of this form shows the applicant was assigned to Company D, 26th Signal Battalion, U.S. Army Europe, from 21 December 1966 to 8 August 1968.

5.  On 26 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 shows his SSN as "243-XX-XXXX."

6.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served 1 year, 7 months, and 19 days of foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Overseas Service Ribbon.

8.  On 26 June 1972, he was honorably discharged from the USAR.

9.  The applicant's record contains five documents in addition to Letter Orders Number 05-1187697 issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 24 May 1972, that discharged him from the USAR which show his SSN as 
"243-XX-XXXX."

10.  His record does not contain a DA Form 2139 (Military Pay Voucher).

11.  The applicant provides a copy of his social security card which shows his SSN as "234-XX-XXXX."

12.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's release from active duty stated the complete name and social SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his SSN shown on his DD Form 214 and for award of the Overseas Service Ribbon has been carefully considered and found to have partial merit.

2.  When he entered the military he correctly reported his SSN as 
"234-XX-XXXX."  The available evidence indicates SSN "243-XX-XXXX" was erroneously introduced into his record in 1969.  The error was carried forward in his record and as a result the incorrect SSN was recorded on his DD Form 214.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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.  The preponderance of evidence indicates the SSN shown on the applicant's DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created.  Accordingly, he is entitled to correction of his DD Form 214 to show his SSN as "234-XX-XXXX."

4.  Army Regulation 600-8-22 shows the Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show award of the Overseas Service Ribbon.



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 deleting the SSN from item 3 of his DD Form 214 and adding the SSN as it is listed on his social security card.

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 award of the Overseas Service Ribbon.



      ______________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)                                         AR20110013427



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ABCMR Record of Proceedings (cont)                                         AR20110013427



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