IN THE CASE OF:	  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130009038 


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 the following corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 3 (social security number (SSN)) - to show his SSN as "XXX-XX-XX86"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – to show the Purple Heart 

2.  The applicant states, in effect, his SSN is incorrectly shown on his DD Form 214 as "XXX-XX-XX36" and should be shown as "XXX-XX-XX86."  The Purple Heart is also not shown on his DD Form 214.  

3.  The applicant provides copies of his DD Form 214 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 was inducted into the Army of the United States (AUS) on 22 April 1966.  At the time of his induction, he was assigned and identified with a service number starting with “US” for United States.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 13 December 1966 through 2 February 1967, during one campaign.  

3.  His records contain the following:

* General Orders (GO) Number 20, issued by Headquarters, 93rd Evaluation Hospital, dated 24 January 1967, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 23 January 1967
* A DA Form 20 (Enlisted Qualification Record), audited on 14 June 1967, which lists his SSN as "XXX-XX-XX36"
* A DA Form 41 (Record of Emergency Data), dated 14 February 1968, which lists his SSN as "XXX-XX-XX36"
* Special Orders Number 107, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, MO, dated 16 April 1968, releasing him from active duty on 19 April 1968; the orders list his SSN as "XXX-XX-XX36"

4.  He was released from active duty on 19 April 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completion of 1 year, 11 months, and 28 days of net active service.  His 
DD Form 214 lists in:

* Item 3 - his SSN as "XXX-XX-XX36"
* Item 24 – the Expert Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, and Army Good Conduct Medal

5.  He was discharged from the USAR on 1 February 1973.  His orders list his SSN as "XXX-XX-XX36."

6.  On 20 April 2007, the National Archives and Records Administration issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) adding the Purple Heart to item 24 of his DD Form 214 ending on 19 April 1968.  The DD Form 215 lists his SSN as "XXX-XX-XX36."
7.  He provided a copy of his social security card listing his SSN as "XXX-XX-XX86."

8.  Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for preparation of the DD Form 214.  The instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the SSN:

	a.  It appears the applicant recorded his SSN as "XXX-XX-XX36" when he was inducted into the AUS in 1966.  There is no evidence of record and he did not provide sufficient evidence to show the SSN listed on his DD Form 214 was not the SSN he claimed at that time.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

	b.  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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

	c.  A copy of this decisional document will be filed in his records to clarify the difference between his current SSN and the SSN used while he was in the Army.

2.  With respect to the Purple Heart, the available evidence shows the applicant was previously issued a DD Form 215 that added this award.  The applicant was provided with a copy of this form by separate correspondence. 







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)                                         AR20130009038





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ABCMR Record of Proceedings (cont)                                         AR20130009038



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