IN THE CASE OF: 

		BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130012755 


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 social security number (SSN) as "5XX-2X-2XXX" instead of "5XX-2X-7XXX."  In addition, he requests clarification of item 12i (Reserve Obligation (Oblig.)Termination (Term) Date) on his DD Form 214.

2. The applicant states the SSN on his DD Form 214 is not his SSN.

3.  The applicant provides: 

* DD Form 214 
* State of Illinois Certificate of Live Birth, dated 2 August 1963
* social security card
* State of Connecticut Driver License
* State of Connecticut Court of Probate, Change of Name, dated 
4 September 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 enlisted in the South Carolina Army National Guard (SCARNG) on 16 January 1981 for a 6-year term of service under the SSN "5XX-2X-7XXX." He entered initial active duty for training on (IADT) on 17 February 1981.

3. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as 5XX-2X-7XXX.  Item 12i shows the entry "81" Year(s), "01" Month(s), and "15" Day(s). He was released from IADT on 13 June 1981.  He placed his signature on the document.

4.  All documents in his service records show his SSN as "5XX-2X-7XXX" including:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 16 January 1981 
* DD Form 1966 (Record of Military Processing Armed Forces of the United States), dated 16 January 1981
* DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 8 July 1981 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)  

5.  On 4 December 1981, the applicant was honorably discharged from the SCARNG.  He was transferred to the U.S. Army Reserve (USAR) Control Group. 

6.  The applicant provided his social security card that shows his SSN as 
"5XX-2X-2XXX."

7.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) in effect at that time, stated that members enlisted on and after 10 November 1979 incurred a 6-year statutory obligation.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his military service records to show his SSN as "5XX-2X-2XXX" was carefully considered and determined to lack merit.

2.  Official documents contained in his available military service records show he served exclusively under the SSN "5XX-2X-7XXX."  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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to record his 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 military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military service records and to satisfy his desire to have the SSN documented in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File.

4.  Evidence of record shows the applicant’s statutory service obligation expired on 15 January 1987, 6 years after his initial enlistment in the SCARNG.  His DD Form 214 erroneously shows his Reserve Obligation Termination Date as 
15 January 1981.  Therefore, his DD Form 214 should be amended to shows his Reserve Obligation Termination Date as 15 January 1987.

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:
	a.  deleting the entry "81" Year(s), "01" Month(s), and "15" Day(s)" from item 12i of his DD Form 214 and

	b.  replacing it with the entry "87" Year(s), "01" Month(s), and "15" Day(s)."

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 changing his SSN.  



      _________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)                                         AR20130012755





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ABCMR Record of Proceedings (cont)                                         AR20130012755



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