IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000157 


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-3637
* discharge date as a date other than 22 September 1976 

2.  The applicant states:

* the date of rank and date of discharge are only 6 weeks apart; he remembers serving more than 1 year 
* the SSN shown on his DD Form 214 is different than the number shown on his social security card 

3.  The applicant provides his DD Form 214. 

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 3 August 1976 for a period of 6 years.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and all allied documents list his SSN as XXX-XX-2190.

3.  On 3 August 1976, the Denver Armed Forces Examining and Entrance Station published Orders Number 153-14 ordering him to return on 5 August 1976 for enlistment in the Regular Army.  The orders listed his SSN as 
XXX-XX-2190. 

4.  He was discharged from the USAR DEP on 4 August 1976 and he enlisted in the Regular Army on 5 August 1976.  The oath of office portion of his DD Form 4 also lists his SSN as XXX-XX-2190.

5.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his SSN as XXX-XX-2190.  He reviewed this form and authenticated it with his signature.  

6.  Multiple other documents in his service record listed his SSN as 
XXX-XX-2190 and include: 

* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Servicemen's Group Life Insurance Election [Certificate]

7.  On 28 August 1976, 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), Trainee Discharge Program, by reason of poor performance, inability to comprehend, lack of aptitude, and negative attitude.

8.  After being advised of his rights, the separation authority approved his proposed separation on 9 September 1976 and ordered him honorably discharged in accordance with paragraph 5-39 of Army Regulation 635-200.

9.  On 22 September 1976, Headquarters, U.S. Army Training Center, Fort Dix, NJ, published Orders 84-198 ordering his discharge effective 22 September 1976. 

10.  He was discharged on 22 September 1976.  His DD Form 214 shows he was honorably discharged under the provisions of paragraph 5-37 of Army Regulation 635-200.  He completed 1 month and 18 days of active service.  This form also shows in: 

* item 3 (SSN) – XXX-XX-2190
* item 9d (Effective Date) – 76  08  05
* item 15 (Date Entered Active Duty This Period) – 76  09  22

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 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 his SSN: 

	a.  The applicant's complete enlistment contract listed his SSN as 
XXX-XX-2190.  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 a different SSN 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 his separation date: 

	a.  The applicant was discharged from active duty on 22 September 1976 under the provisions of paragraph 5-39 of Army Regulation 635-200.  His discharge orders and DD Form 214 correctly list his discharge date as 22 September 1976. 

	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 should not have it changed.

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 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)                                         AR20150000157





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ABCMR Record of Proceedings (cont)                                         AR20150000157



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