BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140007134 


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, in effect, correction of his records to show he was issued a Service Number (SN), correction of the authority and reason for separation, and correction of the characterization of service shown on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states he served on active duty for training (ADT) and attended basic combat training (BCT) and advanced individual training (AIT) for a period of more than 90 days.  He was recently informed by an Indiana Wilson Archives Technician that he needs to be issued an SN in order to receive benefits.  He sought medical treatment for his feet while on ADT and his medical records also show his diabetic neuropathy was aggravated during AIT.  He concludes that he should have been medically discharged with an honorable characterization of service.

3.  The applicant provides no documentary evidence in support of his application.

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 DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and Louisiana ARNG (LAARNG) on 19 October 1976 for a period of 6 years.  Item 3 (Service Number/Social Security Number) shows the applicant's Social Security Number (SSN) and that the applicant placed his signature on the document.

3.  The applicant was ordered to ADT on 23 January 1977.  He completed BCT and AIT and was awarded military occupational specialty (MOS) 11B (Infantryman) on 12 May 1977.

4.  The applicant's DD Form 214 shows he entered active duty on 23 January 1977, was released from ADT on 12 May 1977, and returned to the LAARNG.  He had completed 3 months and 20 days of active duty service this period.  It also shows in:

   a.  item 3 (SSN), the applicant's SSN;

   b.  item 9a (Type of Separation):  Relief from ADT;

   c.  item 9c (Authority and Reason):  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 2 (Separation of Enlisted Personnel); and
   
   d.  item 9e (Character of Service):  "Honorable."

5.  A review of the applicant's military personnel record shows his SSN was consistently and correctly recorded in his records throughout the period of his military service.

6.  A review of the applicant's military records failed to reveal any evidence that he was referred to an Entrance Physical Standards Board (EPSBD) for any medical conditions during the period of service under review.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 (Separation for Convenience of the Government), 
paragraph 5-11, provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty or ADT for initial entry training, may be separated.  Such conditions must be discovered during the first 6 months of active duty and will result in an EPSBD, which must be convened within the Soldier's first 6 months of active duty.

8.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), effective 1 July 1969, implemented the use of the SSN in lieu of military SNs.  Chapter 3 (SSN) shows the SSN is a primary personnel identifier and that it is the responsibility of commander to assure that the correct number is recorded on personnel records and that only one SSN is assigned to an individual.  (It also shows a Temporary Identification Number was issued as a means of personnel identification for those individuals being processed for military service who did not have a SSN.)

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  For item 3, it stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show an SN and that he was honorably discharged based on medical reasons.

2.  The evidence of record shows the Army implemented the use of the SSN as the primary individual identifier beginning 1 July 1969.  As such, the issuance of SNs was terminated at that time.

   a.  The applicant enlisted in the ARNGUS on 19 October 1976 and his SSN was entered on his DD Form 4.

   b.  The evidence of record shows the applicant's military personnel record consistently and correctly shows his SSN was used as his primary identifier, including on his DD Form 214 when he was released from ADT on 12 May 1977.

   c.  Thus, he is not entitled to correction of his records to show he was issued an SN.

3.  There is no evidence of record, and the applicant provides insufficient evidence, to support his contention that he should have been discharged based on a diagnosis and finding of an unfitting medical condition.  Thus, he is not entitled to correction of his records to show he was medically discharged.

4.  The applicant's administrative separation with an honorable characterization of service under the provisions of Army Regulation 635-200, chapter 2, based on completion of the period of ADT was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights.  In addition, the type of separation directed, authority and reason, and honorable character of service (emphasis added) shown on the applicant's DD Form 214 are appropriate and correct.

5.  In view of all of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140007134



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ABCMR Record of Proceedings (cont)                                         AR20140007134



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