BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130016836 


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 military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xx3-xx-xxxx" and completion of the light weapons infantryman course, military occupational specialty (MOS) 11B. 

2.  The applicant states his SSN is also incorrectly shown on his military retirement orders and his training in MOS 11B is not listed on his DD Form 214.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Forms 214 ending on 29 August 1967 and 15 December 1970
* Letter Orders Number D 10-815
* Social Security card and various forms of picture identification

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.  Having prior enlisted service in the Air Force, the applicant enlisted in the Regular Army on 13 April 1965.

3.  During his entrance processing the applicant completed a DD Form 398 (Statement of Personal History) wherein he entered his SSN as "xx5-xx-xx8x."

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he attended 11B Advanced Individual Training (AIT) at Fort Benning, GA and Special Orders Number 312, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 29 December 1965, show he was assigned to the Special Forces Training Group, Fort Bragg, NC in MOS "11B1P."

5.  On 29 August 1967, he was discharged for the purpose of immediate reenlistment.  His DD Form 214 shows in:

	a.  item 3 his SSN as xx5-xx-xxx; and

	b.  in item 25 (Education and Training Completed) the entry "Radio Operator  10 Wks 1966."  The light weapons Infantryman course is not listed.

6.  On 30 August 1967, he reenlisted and he was medically retired on 
15 December 1970.  His DD Form 214 shows in:

	a.  item 3 SSN "xx5-xxx-xxxx"; and

	b.  item 25, the entry "Radio Operator; ATP 21-114; Basic Airborne; Geneva Convention; Benefits of Honorable Discharge; CBR Training; and Military Justice."

7.  His record shows that he served under multiple SSNs to include xx0-xx-xxxx and xx8-xx-xxxx.  However, there is no evidence of record and he did not provide any evidence that shows he used the SSN of "xx3-xx-xxx" at any time during his active duty military service.



8.  He provides his Air Force identification card and Social Security card that show his SSN as "xx3-xx-xxx."  In addition, he provided his retirement orders, 
DD Form 214, and Army identification card that lists his SSN as "xx5-xx-xxxx."

9.  Army Regulation 635-5 (Separations 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 preparation of the DD Form 214.  It states to enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared in item 25 of the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military record and DD Form 214 to show his SSN as "xx3-xx-xxxx" and completion of the light weapons infantry course.

2.  The available evidence shows he was awarded MOS 11B and that he performed the duties of an infantryman during his initial period of service.  He was discharged on 29 August 1967 for the purpose of immediate reenlistment; however, this training is not listed on his DD Form 214 he was issued for this period.  Regulatory guidance states to list all military training completed during the period covered by the DD Form 214; therefore, it would be appropriate to add this training to his DD Form 214 ending on 29 August 1967.

3.  When the applicant enlisted in the RA in 1965 he recorded his SSN as
"xx5-xx-xxxx" and this SSN is consistently used throughout his record.  There is no evidence he used the requested SSN at any time during his Army service.

4.  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 he now desires to record his correct SSN in his service
records and separation documents, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  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.

BOARD VOTE:

___X_____  ____X____  _X___  GRANT FULL RELIEF 

________  ________  ________  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 adding to item 25 of his DD Form 214 ending on 29 August 1967 the entry "Light Weapons Infantryman  8wks  1965."

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 correcting 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)                                         AR20130016836



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016836



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1