IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019683 


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) for the period ending 16 September 1983 to show:

* the seventh digit of his social security number (SSN) as "2" instead of "7"
* he entered active duty in March 1977 instead of September 1979

2.  He states his SSN is wrong on his DD Form 214 and he entered the Army in March 1977.  

3.  He provides his DD Form 214, Certification of Military Service, 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.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 22 March 1977 and it shows the seventh digit of his SSN as "7."

3.  He was discharged on 27 September 1979 for immediate reenlistment.  The available record does not include a DD Form 214 for this period of service.  He was issued a Certification of Military Service which shows he served in the Regular Army from 22 March 1977 to 27 September 1979.  This certificate shows the seventh digit of his SSN as "7."

4.  He reenlisted on 28 September 1979.  His reenlistment contract shows the seventh digit of his SSN as "7."

5.  The documents in the applicant's military personnel record consistently reflect the seventh digit of his SSN as "7" throughout his service.

6.  He was honorably discharged on 16 September 1983.  His DD Form 214 for the period ending 16 September 1983 shows in:

* item 3 (SSN) the seventh digit of his SSN as "7"
* item 12a (Date Entered Active Duty This Period) he entered active duty on 28 September 1979
* item 12c (Net Active Service This Period) he completed 3 years, 11 months, and 19 days of active service during this period
* item 12d (Total Prior Active Service) he completed 2 years, 6 months, and 6 days of total prior active service

7.  He provided a copy of his social security card which indicates the seventh digit of his SSN is "2."

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  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.  Although the applicant contends his SSN is incorrectly listed on his DD Form 214, all of the documents in the available record shows he served on active duty using the SSN that is listed on his DD Form 214, the seventh digit  listed as "7."

2.  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.  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 that the applicant desires to now record the SSN that is listed on his social security card 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, which lists the SSN that he currently uses, will be filed in his Army Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his AMHRR.

4.  The evidence of record shows the applicant enlisted in the Regular Army on 22 March 1977 and he was discharged on 27 September 1979 for the purpose of immediate reenlistment (a period of 2 years, 6 months, and 6 days).  He should have been issued a DD Form 214 that covers this period of service; however, his service is void of a DD Form 214 for this period.  He was later issued a Certification of Military Service which properly documents this period of service.

5.  The evidence of record shows he reenlisted on 28 September 1979 and continued to serve on active duty until he was discharged on 16 September 1983.  He was issued a DD Form 214 which correctly reflects the date he entered active duty as 28 September 1979 in item 12a, the date of the first day of the last immediate reenlistment.  This DD Form 214 also shows he completed 
2 years, 6 months, and 6 days total prior active service.

6.  Since the applicant was issued a Certification of Military Service which covers his period of service from 22 March 1977 to 27 September 1979 there is no basis for correcting his DD Form 214 for the period ending 16 September 1983 to show this service.



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)                                         AR20120019683



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ABCMR Record of Proceedings (cont)                                         AR20120019683



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