IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002094 


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 Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 August 1981 as follows:

* change the fourth and fifth digits of his social security number (SSN) to "54"
* change the year of his date of entry in service to 1979

2.  The applicant states he is unable to use his DD Form 214 for employment and benefit purposes as a result of the errors.

3.  The applicant provides no additional evidence.  He states he provided a photocopy of his social security card; however, it was not included with his application when it was received.

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.  He enlisted in the Massachusetts Army National Guard (MAARNG) on 30 November 1979.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his SSN with the fourth and fifth digits as "56."

3.  A DD Form 220 (Active Duty Report) shows he served a term of active service from 2 July 1980 to 28 August 1980.

4.  Commonwealth of Massachusetts, Military Division, The Adjutant General's Office, Orders 91-9, dated 4 May 1981, ordered him to active duty for training (ADT) to report no later than 5 June 1981.  These orders identify him with his SSN showing the fourth and fifth digits as "56."

5.  His Military Personnel Records Jacket (MPRJ) contains two DA Forms 428 (Application for Identification Card), dated 12 June 1981 and 12 August 1981, that show the fourth and fifth digits of his SSN as "54."

6.  Headquarters, United States Army Signal Center and Fort Gordon, Fort Gordon, GA, Orders 151-115, dated 6 August 1981, awarded him a military occupational specialty (MOS).  These orders identify him with his SSN showing the fourth and fifth digits as "54."

7.  Headquarters, United States Army Signal Center and Fort Gordon, Fort Gordon, GA, Orders 156-8, dated 12 August 1981, released him from ADT effective 19 August 1981.  These orders identify him with his SSN showing the fourth and fifth digits as "56."

8.  All other documents in his MPRJ identify him with his SSN showing the fourth and fifth digits as "56."

9.  His DD Form 214 shows his SSN with the fourth and fifth digits as "56."  The date of his entry on active duty is shown as 5 June 1981.

10.  A DD Form 215 (Correction to DD Form 214), dated 27 October 2010, corrected the SSN shown on his DD Form 214 with a separation date of 19 August 1981.  His corrected SSN is shown with the fourth and fifth digits as "65."

11.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated a DD Form 214 would be issued at the time of separation to all personnel, to include Army National Guard, after completing 90 days or more of continuous ADT.  A DD Form 214 would also be issued upon completion of ADT which resulted in the award of an MOS even though the active duty was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  He enlisted in the MAARNG on 30 November 1979.  However, his first period of active duty did not commence until 2 July 1980.  He was issued a DD Form 220 for his period of active duty from 2 July 1980 to 28 August 1980.

2.  He was ordered to ADT on 5 June 1981.  The DD Form 214 he was issued covers his period of active service from 5 June 1981 to 19 August 1981.  Although his period of ADT was less than 90 days, he was issued a DD Form 214 because his ADT resulted in the award of an MOS.

3.  In view of the above, his date of entry on active duty shown on his DD Form 214 is correct.

4.  Two DA Forms 428 and his orders awarding him an MOS show his SSN with the fourth and fifth digits as "54."  All other documents in his MPRJ with the exception of his DD Form 215, including his DD Form 4, show his SSN with the fourth and fifth digits as "56."

5.  The DD Form 215 in his MPRJ corrected his SSN to show the fourth and fifth digits as "65."  The DD Form 215 is dated 29 years after his release from active duty.  Therefore, it is reasonable to conclude he requested this change.  However, there is no record of the evidence that was used to justify the correction.

6.  There are conflicting SSN's in his MPRJ.  It appears he requested and received a correction to his SSN less than 2 years ago.  Unless the applicant can provide a legible copy of his social security card and an explanation of how that DD Form 215 came to be prepared, there is an insufficient evidentiary basis to change his SSN again.


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)                                         AR20120002094



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ABCMR Record of Proceedings (cont)                                         AR20120002094



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