IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140015025 


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:

	a.  That his social security number (SSN) be corrected in his records to show 
xxx-xx-8079 instead of xxx-xx-2879.

	b.  Correction/recalculation of his retirement points for 6 consecutive years of U.S. Army Reserve (USAR) service.

2.  The applicant states:

* he requested that his SSN be corrected while still in the USAR, but nothing was done about his request
* all the data from his permanent records was lost

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 December 1983 showing the applicant was on active duty for training to complete basic combat training and obtain a military occupational specialty (MOS)
* certificate of live birth
* social security card
* Honorable Discharge Certificate showing the applicant's discharge date as 12 June 1989
* DA Form 87 (Department of the Army (DA) Certificate of Training), dated 9 September 1983, showing completion of basic combat training
* DA Form 87, undated, showing completion of training for MOS 63B (Light Wheel Vehicle Power Generation Mechanic)
* DA Form 2 (Personnel Qualification Record - Parts I and II)
* DA Form 3540/4 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring, into Troop Program Units of the USAR)
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 1966 (Application for Enlistment - Armed Forces of the United States)
* Orders D-06-051580, dated 8 June 1989, issued by the USAR Personnel Center showing the applicant was honorably discharged from the Ready Reserve effective 12 June 1989

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.  Regarding correction/recalculation of his retirement points for 6 consecutive years of USAR service:

	a.  Paragraph 2-5 of Army Regulation 15-185 (ABCMR) states the Board will not consider any application, or portion of an application, where it is determined not all administrative remedies have been exhausted.  There is no evidence the applicant has exhausted all remedies.  

	b.  Prior to applying to the ABCMR, the applicant must first contact the Commander, U.S. Army Human Resources Command (HRC), ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122, and submit all supporting evidence which shows what the applicant believes is the correct retirement points calculation.  
	c.  Should HRC not resolve this issue to the applicant's satisfaction, he can then resubmit his application to this Board.  A copy of the action taken by HRC should be included.  Based upon the foregoing, this issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the USAR on 13 June 1983.  After completing initial training, he was awarded military occupational specialty 63B.  The highest rank/pay grade held while in the USAR was specialist four/E-4.

4.  A thorough review of every document in the applicant's official military personnel file (OMPF) shows the only SSN used throughout his Army career was xxx-xx-2879.  This includes documents which appear to have been completed in the applicant's handwriting.

5.  He provides a social security card showing his SSN as xxx-xx-8079.

DISCUSSION AND CONCLUSIONS:

1.  Although he provides a copy of his social security card, the evidence shows throughout his term of service he consistently used SSN xxx-xx-2879.  The evidence of what the applicant contends is his correct SSN does not change the conditions and circumstances that existed at the time his service records were created.

2.  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 the applicant desires to now record his current 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.

3.  The applicant is advised that a copy of this decisional document will be filed in his 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 current SSN documented in his record.






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)                                         AR20140015025



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ABCMR Record of Proceedings (cont)                                         AR20140015025



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