IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120022293 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Social Security Number (SSN) and two Army Commendation Medals (ARCOM), both with "V" Device.

2.  The applicant states his DD Form 214 should be corrected to show:

	a.  his SSN as "XXX-X0-8353" instead of "XXX-X6-5506," and

	b.  his entitlement to two ARCOMs, both with "V" Device for valor, instead of the single ARCOM that is currently shown without the "V" Device.
   
3.  The applicant provides:

* National Personnel Records Center (NPRC) letter, dated 1 June 2012
* State of Illinois - Department of Veterans Affairs Claim Form, dated
14 May 2012
* Social Security card, issued on 14 February 2008

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's military record contains a DD Form 398 (Statement of Personal History) he completed during his enlistment processing.  Item 13 (Employment) shows the applicant entered his SSN as XXX-X6-5506.

3.  On 17 August 1967, the applicant was inducted into the Army of the United States.  Item 1 (Name and Service Number) of the DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his SSN as XXX-X6-5506.  Item 47 (Signature of Individual) shows the applicant verified this document on 23 August 1967.  It further shows the applicant last audited this form on 29 April 1969.

4.  His Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)) contains a copy of General Orders Number 15172, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 20 December 1968, that awarded him the ARCOM for meritorious service in Vietnam for the period January 1968 to January 1969.  These orders list his SSN as XXX-X6-5506.

5.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded any ARCOMs with "V" Device.

6.  All documents on file in the applicant's AMHRR containing his SSN list his SSN as "XXX-X6-5506," which he now claims is incorrect.  When required, he authenticated each of those documents with his signature.  There are no documents in his record showing the SSN on the Social Security card he provided with his application.

7.  On 21August 1969, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service. The DD Form 214 he was issued at the time shows in:

	a.  item 3 (SSN) the entry XXX-X6-5506.

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation medal
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

8.  The applicant provides a copy of his social security card issued on 14 February 2008.  It shows his SSN as XXX-X0-8353.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains a copy of General Orders Number 15172, dated 20 December 1968, that awarded him the ARCOM as mentioned above.  However, it failed to reveal any additional orders for the ARCOM (with or without "V" Device) pertaining to the applicant.

10.  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 and states 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 applicant's military record includes a DD Form 398 and DA Form 20 that show the SSN he disclosed upon his induction in the Army.  His record clearly lists this SSN on all applicable documents maintained throughout his military service.  He authenticated these documents with his signature when required.

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time.  Therefore, there is no basis for granting this portion of the applicant's request.

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 AMHRR.  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.

5.  Finally, the applicant's AMHRR and ADCARS only revealed one general order announcing his award of the ARCOM for meritorious service.  Absent any evidence to corroborate his claim for two ARCOMs with valor, there is also no basis upon which to grant this portion of his requested relief.

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)                                         AR20120022293



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ABCMR Record of Proceedings (cont)                                         AR20120022293



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