IN THE CASE OF:	  

		BOARD DATE:  10 January 2013

		DOCKET NUMBER:  AR20120011678 


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:

	a.  correction of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and

	b.  correction of item 16 (High School Graduate or Equivalent) of his DD Form 214 to show an "X" in the Yes block.  

2.  The applicant states:

* He had his General Educational Development (GED) and it is not listed on his DD Form 214
* His SSN is incorrect, it should be XXX-XX-X1XX 

3.  The applicant provides:

* Letter, dated 19 November 2007, from the Texas Education Agency
* 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 (RA) on 27 July 1977 for a period of 3 years.  His enlistment contract shows his SSN as "XXX-XX-X4XX."  He completed his training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  On 25 July 1980, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. 

3.  His DD Form 214 shows in:

* Item 3 the entry "XXX-XX-X4XX"
* Item 16 the entry "X" in the No block

4.  He provided a letter, dated 19 November 2007, from the Texas Education Agency which states he was issued a Texas Certificate of High School Equivalency on 18 July 1977. 

5.  All of his service personnel records show his SSN as "XXX-XX-X4XX."

6.  He was honorably discharged from the USAR on 6 July 1983.  His discharge orders show SSN "XXX-XX-X4XX."

7.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The Texas Education Agency letter provided by the applicant that states he was issued a Texas Certificate of High School Equivalency on 18 July 1977 is accepted as sufficient evidence on which to base amending item 16 of his DD Form 214 to show an "X" in the Yes block. 
2.  He contends the SSN shown on his DD Form 214 is incorrect and should read "XXX-XX-X1XX."  However, the evidence of record shows the SSN of "XXX-XX-X4XX" was used when he enlisted in the RA in 1977, when he was released from active duty in 1980, and when he was discharged from the USAR in 1983.

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.  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.  

4.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the 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 AMHRR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 entry "X" in the No block in item 16 of his DD Form 214 and placing the entry "X" in the Yes block.




2.  The Board further determined that 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 amending his SSN on his DD Form 214.  


      _______ _  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)                                         AR20120011678





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ABCMR Record of Proceedings (cont)                                         AR20120011678



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