IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130016419
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:
a. her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 1991 and the DD Form 215 (Correction to
DD Form 214), dated 12 June 1992, to reflect her social security number (SSN) as XXX-6X-XXXX; and
b. that all of her military service be combined onto a single DD Form 214.
2. The applicant states the SSN that is listed on the above documents contain an incorrect digit.
3. The applicant provides the DD Form 214 and DD Form 215 in question.
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 shows she served in the Regular Army during the period 15 September 1987 through 14 September 1990. The DD Form 4 (Enlistment/Reenlistment Document), DD Form 214, and all other documents in her record covering this period of service reflect her SSN as XXX-6X-XXXX.
3. She was ordered to active duty from the U.S. Army Reserve in support of Operation Desert Storm from 31 January to 26 March 1991. The DD Form 214 she was issued for this period of service and a DD Form 215 amending this DD Form 214 show her SSN as XXX-0X-XXXX.
4. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It states the DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. It is clear that an error was made when her SSN was entered on the DD Form 214, dated 26 March 1991, and the DD Form 215 in question. Therefore, it would be appropriate to correct these documents to show her SSN as XXX-6X-XXXX, which is the SSN listed throughout her record to include the DD Form 4.
2. Regulatory policy states that a DD Form 214 will be issued to a Soldier for the most recent period of specified continuous active service. There is no provision for combining a Soldier's military service onto a single DD Form 214.
3. In view of the foregoing, the applicant is entitled to have only so much of her records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 SSN entered on her DD Form 214 ending on 26 March 1991 and the DD Form 215 in question and adding the SSN as it is recorded on her DD Form 4.
2. The Board further determined 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 combining her military service onto a single 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) AR20130016419
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ABCMR Record of Proceedings (cont) AR20130016419
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