IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140019099 


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 removal of service records belonging to another service member from her official military personnel file (OMPF).  

2.  The applicant states:

	a.  There is erroneous information attached to her service records (for example, a chapter 11 discharge) which belongs to another service member, Hxxxxxx A. Dane, that somehow became mixed-up with her social security number (SSN).  Those records, with her SSN, were signed by the other person.  After retrieving her service records, she noticed a severe mistake made by the Department of Army personnel at Fort Leonard Wood, MO.  She is attaching the proof that her record was mixed-up with someone else's service record, including the use of her SSN on this person's documents, which this person probably has in her possession.  This could affect her in the future as she currently holds a clearance.  

   b.  This wrong information contained in her military file could affect her personal life due to the privacy act breach and disclosure of her SSN to another person without prior authorization.  She is attaching those documents that were available to her after she requested her service records in support of her claim.  

3.  The applicant provides copies of following:

* her DD Form 2366 (Montgomery GI Bill (MGIB) Act of 1984)
* Hxxxxxx A. Dane's:
* DA Form 4856 (Developmental Counseling Form)
* four DA Forms 4856-E (Developmental Counseling Form)
* FLW Form 576 (Trainee Sick Slip)
* Chapter 11 Entry Level Separation (ELS) memorandum
* chapter 11 separation package

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army, in pay grade E-2, on 21 April 2005.  She did not complete advanced individual training for award of a military occupational specialty.

2.  Her records located in the Interactive Personnel Electronic Records Management System (iPERMS) contain and she provided a copy of her DD Form 2366, dated 25 April 2005, she executed for enrolling in the MGIB.  The form lists her SSN as "6XX-4X-5XXX."

3.  Her records located in iPERMS also contain the following documents pertaining to the applicant:

   a.  Orders Number 172-0353, issued by Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, MO on 21 June 2005, reassigning her to the transition point for transition processing with a reporting date of 22 June 2005.

   b.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows she was discharged in pay grade E-2 on 22 June 2005.  She was credited with completing 2 months and 2 days of active service.  The DD Form 214 lists in:

* Item 3 (SSN) – 6XX-4X-5XXX
* Item 8b (Station Where Separated) – Fort Leonard Wood, MO
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11
* Item 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct

   c.  An Army Discharge Review Board (ADRB) Case Report and Directive, dated 26 October 2012, which stated the applicant's record was void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record contained a DD Form 214 which showed the applicant was discharged on 22 June 2005, under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct, with an uncharacterized separation of service.  The ADRB determined that the applicant was properly and equitably discharged and denied her request for a change in the character and/or reason of her discharge.

4.  Her records located on the iPERMS further contain a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) which shows Hxxxxxx A. Dane enlisted in the U.S. Army Reserve, in pay grade E-1, on 3 January 2005.  The form lists her SSN as "0XX-7X-0XXX."

5.  Her records located on the iPERMS also contain and the applicant also provided copies of the following documents pertaining to Hxxxxxx A. Dane:

* DA Form 4856, dated 5 June 2005, pertaining to an ELS and chapter 11 separation
* FLW Form 576, dated 7 June 2005, requesting an ELS versus a medical board
* four DA Forms 4856-E, each dated 7 June 2005, pertaining to ELS counseling and separation under Army Regulation 635-200, chapter 11
* Chapter 11, ELS memorandum, dated 9 June 2005, recommending her for an ELS separation
* chapter 11 separation package which lists Hxxxxxx A. Dane's SSN as the same SSN of record as the applicant

6.  Her records located on the iPERMS further contain a DD Form 214 pertaining to Hxxxxxx A. Dane which shows she was discharged in pay grade E-1 on 22 June 2005 and credited her with completing 5 months and 4 days of active service.  The DD Form 214 listed in:

* Item 3 – 0XX-7X-0XXX
* Item 8b – Fort Leonard Wood, MO
* Item 24 – Uncharacterized
* Item 25 – Army Regulation 635-200, chapter 11
* Item 28 – Entry Level Performance and Conduct

7.  Army Regulation 600-8-104 (Army Military Human Resource Records) prescribes the policies governing the OMPF and it composition.  The regulation states once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.



DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records located on iPERMS revealed documentation pertaining to Hxxxxxx A. Dane, another service member who was discharged from Fort Leonard Wood, MO, on the same date and under the same separation authority as the applicant.  The chapter 11 separation package documents pertaining to Hxxxxxx A. Dane list the applicant's SSN of record.

2.  In view of the foregoing, the applicant's records located on iPERMS should be corrected by deleting all documentation pertaining to Hxxxxxx A. Dane.  The applicant's SSN should also be deleted from all documentation contained in Ms. Dane's chapter 11 separation package.  

3.  Therefore, the applicant's records should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from the applicant's records located in iPERMS the following documents pertaining to Hxxxxxx A. Dane:

* DA Form 4856, dated 5 June 2005
* FLW Form 576, dated 7 June 2005
* four DA Forms 4856-E, each dated 7 June 2005
* Chapter 11, ELS memorandum, dated 9 June 2005
* chapter 11 ELS separation package



   b.  deleting from Hxxxxxx A. Dane's chapter 11 ELS package the applicant's SSN and notifying the applicant of the deletion of her SSN from Ms. Dane's chapter ELS package.



      _______ _   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)                                         AR20140019099





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ABCMR Record of Proceedings (cont)                                         AR20140019099



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