IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120005234 


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 his records be corrected to show his social security number (SSN) as XXX-XX-X87X versus XXX-XX-X78X.  Additionally, he requests his under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

2.  He states it has been more than 30 years and he is still dealing with his discharge.  He says he is truly sorry and would like his discharge upgraded so that he can get on with his life.

3.  He provides his self-authored statement and 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 requests his UOTHC discharge be upgraded to honorable.  A review of the files indicates the ABCMR acted on an earlier application for the same request and as such, his recent application was accepted as a request for reconsideration of ABCMR Docket Number AR20050014133.  This case was considered and denied by the ABCMR on 18 April 2006.  Army Regulation 
15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  After reviewing his case, it was determined that his request for reconsideration was not received within one year of the ABCMR's original decision.  Therefore, his request for reconsideration does not meet the criteria outlined above and as such, it will not be discussed any further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 6 November 1979.  His enlistment documents and all other documents in his record show his SSN as XXX-XX-X78X.  He was discharged from active duty on 1 April 1982 with a characterization listed as UOTHC and credited with 2 years, 4 months, and
4 days of active duty service.

4.  Item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his SSN as XXX-XX-X78X.

5.  His social security card shows his SSN as XXX-XX-X87X.

6`.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN throughout his service and at the time he was released from active duty was shown as XXX-XX-X78X.  There is no evidence of record that shows he ever presented XXX-XX-X87X as his SSN or used this SSN during his active service.  Therefore, there is an insufficient basis for changing his SSN on his DD Form 214.

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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

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 that 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)                                         AR20120005234





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ABCMR Record of Proceedings (cont)                                         AR20120005234



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