IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140011053 


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) to show his:

* social security number (SSN) as "xxx-xx-xxx8" instead of "xxx-xx-xxx3"
* discharge date as a date other than 10 July 1986 

2.  The applicant states his SSN contains the number "8" in the ninth digit, not the number "3" as shown on his DD Form 214.  He served in the Army Rangers from 1984 to 1991.  Most of his records are missing.

3.  The applicant provides:

* Certificate of Achievement, dated 3 July 1985
* DD Form 214, ending on 10 July 1986
* Certificate of Training, dated 28 March 1986
* Congressional correspondence

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 28 March 1985 for a period of 8 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and all allied documents list his SSN as "xxx-xx-xxx3."  

3.  He was discharged from the USAR DEP on 1 April 1985 and he enlisted in the Regular Army on 2 April 1985 for a period of 3 years.  The oath of office portion of his DD Form 4 also lists his SSN as "xxx-xx-xxx3."

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).  He served in Germany from on or about 17 July 1985 to on or about 8 July 1986.  

5.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-xx-xxx3."  He reviewed this form and authenticated it with his signature on 8 July 1986.  

6.  He received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on three occasions as indicated below.  Each DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) listed his SSN as "xxx-xx-xxx3": 

* 17 October 1985, willfully disobeying a lawful order from his commanding officer
* 29 October 1985, wrongfully possessing a smoking pipe used to smoke marijuana
* 9 April 1986, disobeying a lawful order not to consume alcohol

7.  Multiple other documents in his service record listed his SSN as "xxx-xx-xxx3" and include: 

* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Servicemen's Group Life Insurance Election [Certificate]


8.  In April 1986, agents of the U.S. Army Criminal Investigation Command (CID) conducted an investigation into allegations of robbery involving the applicant and three other Soldiers.  The CID Report of Investigation listed his SSN as "xxx-xx-xxx3." 

9.  On 24 June 1986, the applicant's commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, by reason of misconduct - commission of a serious offense.  He recommended an under other than honorable conditions discharge.  The applicant acknowledged receipt of the separation memorandum and consulted with legal counsel, and he was advised of the basis for the contemplated separation for misconduct - commission of a serious offense, the type of discharge and its effect on further enlistment or reenlistment, the possible effects of a discharge under other than honorable conditions, and of the procedures/rights available to him. 

10.  On 24 June 1986, consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200 for misconduct - commission of a serious offense with the issuance of an Under Honorable Conditions (General) Discharge Certificate. 

11.  On 30 June 1986, the 569th Personnel Service Company, 38th Personnel and Administration Battalion, New Ulm, Germany, published Orders 180-151 ordering his reassignment to the U.S. Army Transition Center, Fort Dix, NJ, for separation outprocessing.  His reporting date to Fort Dix is shown as 2 July 1986. The orders listed his SSN as "xxx-xx-xxx3."  

12.  On 7 July 1986, the 569th Personnel Service Company, 38th Personnel and Administration Battalion, New Ulm, Germany, published Orders 188-192 amending his reporting date to the U.S. Army Transition Center, Fort Dix, NJ, for separation outprocessing, from 2 July 1986 to 10 July 1986.  The orders listed his SSN as "xxx-xx-xxx3."  

13.  On 10 July 1986, Headquarters, U.S. Army Training Center, Fort Dix, NJ published Orders 191-285 ordering his discharge from active duty effective 10 July 1986.   The orders listed his SSN as "xxx-xx-xxx3."  

14.  He was discharged from active duty on 10 July 1986.  His DD Form 214 shows he was discharged from active duty under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct-commission of a serious offense.  This form also shows in: 

* Item 3 (SSN) - xxx-xx-xxx3
* Item 12a (Date Entered Active Duty (AD) This Period) - 85-04-02
* Item 12b (Separation Date This Period) - 86-07-10

15.  He provides: 

	a.  A Certificate of Achievement, dated 3 July 1985, recognizing his achievement during basic combat or advanced individual training. 

	b.  A Certificate of Training, dated 28 March 1986, showing he completed Platoon Confidence Training in Europe. 

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the SSN: 

	a.  The applicant's complete enlistment contract listed his SSN as "xxx-xx-xxx3."  He authenticated this contract and allied documents with his signature.  Additionally, this SSN is consistent with the SSN recorded throughout his military service.  There is no evidence he used SSN "xxx-xx-xxx8" at any time during the period he served on active duty.

	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, including the DD Form 214, were correct at the time and there is an insufficient basis to grant him relief in this case.

2.  With respect to the separation date: 

	a.  The applicant was discharged from active duty on 10 July 1986 under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct-commission of a serious offense.  His discharge orders and DD Form 214 correctly list his discharge date as 10 July 1986. 

	b.  Not only did he fail to indicate why this date is in error or the date he believes should be the discharge date, he also failed to provide any supporting evidence to show a different date.  Because his DD Form 214 correctly lists his date of discharge, he is not entitled to a correction to this date.

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)                                         AR20140011053





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ABCMR Record of Proceedings (cont)                                         AR20140011053



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