BOARD DATE:	 15 July 2014 

		DOCKET NUMBER:  AR20130020663 


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 (Certificate of Release or Discharge from Active Duty) from the U.S. Army Reserve (USAR) to show his active duty time while he was in boot camp (63 days), advanced individual training (AIT) (91 days), and to show "Honorable" discharge. 

2.  The applicant states:

	a.  An error was made to his active duty service orders when ordered to his initial active duty for training (IADT) which caused an incorrect entry of the net active duty time served on his DD Form 214.  He enlisted in the USAR on         24 May 1985.  He reported to boot camp at Fort Leonard Wood, MO, on 27 June 1985.  He was released to the USAR but then returned to active duty to complete AIT.  After he completed AIT, he was again released to the USAR.  He was called back to his Reserve unit on 4 December 1986 and he was assigned to the 304th Army Security Agency Battalion, Pasadena, TX.  The document he received from the National Personnel Records Center (NPRC) shows he completed 1 year when in fact he had completed 8 years.  The errors appear to have been made due to his social security number (SSN) being incorrect on the initial orders. 

	b.  The initial orders, dated 24 May 1985, contain an incorrect SSN.  The orders listed the SSN as "446-xx-xxxx" but his correct SSN is "466-xx-xxxx."  When he requested a copy of his DD Form 214 from the NPRC, they said they did not have a DD Form 214 for him.  They had a separation document showing completion of 1 year.  He completed 8 years.  
3.  The applicant provides:

* U.S. Navy (USN) DD Form 214, ending on 16 February 1988
* Honorable Discharge Certificate, dated 25 May 1993
* Letter from the NPRC, dated 11 November 2013
* Orders D-05-343013, dated 25 May 1993
* IADT Orders 107-25, dated 24 May 1985
* Department of the Army Reserve Component (DARC) Form 249 (Chronological Statement of Retirement Points), dated 6 October 1985
* DA Form 2-1 (Personnel Qualification Record)

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 USAR on 24 May 1985.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and allied documents which would show the SSN he disclosed at the time of his entry are not available for review with this case.  He appears to have enlisted under the split training option. 

3.  The Split Training Option is an enlistment option available for USAR recruits.  This program allows individuals to attend basic training during one summer then attend AIT the next. 

4.  On 24 May 1985, the Military Entrance Processing Station (MEPS), Houston, TX, published Orders 107-25 ordering him to IADT at Fort Leonard Wood, MO, effective 27 June 1985, for a training period of approximately 9 weeks or completion of initial split training on or about 30 August 1985.  The order listed his SSN as "446-xx-xxxx."  

5.  His DA Forms 2A (Personnel Qualification record - Part I) and 2-1) which were created upon his entry on IADT listed his SSN as "446-xx-xxxx."  Additionally, his DA Form 2-1 shows he: 

* entered IADT on 27 June 1985 and he was assigned to Company B, 5th Battalion, 3rd Basic Training Brigade, Fort Leonard Wood, MO, and completed basic combat training 
* was released from ADT on 29 August 1985 and returned to his reserve unit of assignment

6.  On 30 April 1986, the Houston MEPS published Orders 086-28, ordering him to IADT at Fort Gordon, GA, effective 5 June 1986, for a training period of 13 weeks or completion of military occupational specialty (MOS) training in MOS 31C (Radio Operator/Maintainer).  The orders listed his SSN as "446-xx-xxxx."  

7.  On 13 June 1986, Headquarters, U.S. Army Signal Center, Fort Gordon, GA, published Orders 115-137 awarding him MOS 31C, effective 4 September 1986 or upon completion of training.  The orders listed his SSN as "446-xx-xxxx."  

8.  Multiple other documents, created upon his entry on active duty, listed his SSN as "446-xx-xxxx" and include the documents noted below.  He authenticated some of these documents with his signature, as required: 

* DD Form 93 (Record of Emergency Data), dated 26 October 1985
* VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 26 October 1985 
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 1 May 1986
* DA Form 3349 (Physical Profile), dated 31 July 1985
* DA Form 428 (Application for Identification Card)

9.  On 20 August 1986, Headquarters, U.S. Army Signal Center, Fort Gordon, GA, published Orders 162-13 releasing him from ADT effective 27 August 1986 and return to his USAR unit, 304th Army Security Agency Battalion, Pasadena, TX.  The orders listed his SSN as "446-xx-xxxx."  

10.  His records do not contain a U.S. Army DD Form 214 for his IADT.  However, he provides a USN DD Form 214 that shows he/his: 

* entered active duty in the USN on 10 September 1987 and completed the Electrical/Mechanical Equipment Repairman Course
* was discharged from the USN on 16 February 1988 due to physical disability that existed prior to service
* completed 5 months and 5 days of active USN service
* had 4 months and 26 days of prior active service and 10 months and 10 months and 26 days of prior inactive duty service
* was awarded the Army Service Ribbon
* received an entry level separation (uncharacterized) characterization of service
* SSN is listed as "466-xx-xxxx"

11.  On 25 May 1993, the USAR Center, St. Louis, MO, published Orders D-05-343013 ordering his honorable discharge from the USAR effective 25 May 1993. He was also issued an Honorable Discharge Certificate.  Both the orders and the certificate listed his SSN as "466-xx-xxxx." 

12.  He also provides a letter from NPRC, dated 11 November 2013, informing him that a DD Form 214 was not issued because he had no active service or less than 90 consecutive days of active duty for training. 

13.  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.  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.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under, Title 10, USC, previously section 672, now sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, USC, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty; and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of AIT under the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the SSN: 

	a.  The applicant's service record, specifically his enlistment contract, is not available for review with this case.  It is unclear what SSN he disclosed upon his enlistment in the USAR.  His record contains multiple documents that list his SSN as "446-xx-xxxx."  It appears this is the SSN he used throughout his military service.  There is no evidence he used SSN "466-xx-xxxx" at any time during the period he served in the USAR or while on ADT. 

	b.  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 a different 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.

	c.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records were correct at the time and there is an insufficient basis to grant him relief in this case.

2.  With respect to the DD Form 214 and characterization of service: 

	a.  The available evidence shows the applicant enlisted in the USAR on 24 May 1985 under a split option program.  He completed basic combat training from 27 June to 29 August 1985, a period of 2 months and 3 days of active service.  He then attended MOS training from 9 June to 21 August 1986, a period of 2 months and 3 days.  He completed a total of 4 months and 4 days of ADT.  

	b.  His records do not contain and he does not provide a DD Form 214 for his USAR period of service.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days should receive a DD Form 214.  This includes completion of AIT under the USAR split training program.  Therefore, administrative regularity is presumed in that a DD Form 214 was prepared at the time of his release from active duty.

	c.  Nonetheless, for unknown reasons, he provides a USN DD Form 214 covering the active duty period 10 September 1987 to 16 February 1988.  This form credited him with 4 months and 26 days of prior active duty (which appears to be his prior Army ADT and possibly USAR annual training).  It also credited him with 10 months and 26 days of prior inactive service.  It further assigned an uncharacterized discharge.  (Because it appears he had an interval of Navy service, the 1993 orders discharging him from the USAR appear to be in error.  He should have been discharged from the USAR prior to entering the USN.)

	d.  Since his USN DD Form 214 is not an Army military record, its correction is not within the purview of this Board.  The applicant is advised to contact the Navy Board for Correction of Naval Records for issues related to his Navy form. 

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)                                         AR20130020663



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ABCMR Record of Proceedings (cont)                                         AR20130020663



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