BOARD DATE:	    1 October 2015

		DOCKET NUMBER:  AR20150002925 


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 her social security number (SSN) and the dates of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states she requested correction of her records in 2003 and 2005; however, it was only half done.  She requests the service dates on the DD Form 214 be corrected to match the dates of service on her AHRC Form 249-2-E (Chronological Statement of Retirement Points) and enlistment documents.  

3.  She states she was not properly medically boarded and her exit (discharge) documents are not correct.  She indicates she divorced in 1998 and returned to using her maiden name.  She was discharged on 13 January 2005 and her records were previously corrected to show the SSN ending in X699.

4.  The applicant provides copies of her birth certificate, a social security card, two divorce decrees, a formal line of duty (LOD) determination, an informal LOD determination, and an AHRC Form 249-2-E. 

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.  On 5 December 1996, the applicant enlisted in the U.S. Army Reserve (USAR) under the last name of R____ with an SSN ending in X010.  

3.  She served on initial active duty for training from 28 August 1997 to 13 February 1998 and she was released to her USAR unit.  Her DD Form 214 shows an SSN ending in X010 and her Reserve obligation date as 
4 December 2004.

4.  The applicant provides a social security card showing an SSN ending in X699.  There is no official document showing the exact date of this change.  This card lists the name under which she served.

5.  A 2001 LOD utilizes the SSN ending in X699 and her records are currently stored electronically under this SSN.

6.  The AHRC Form 249-2-E shows USAR service from 5 December 1996 through 3 January 2005.

7.  A DD Form 261 (Report of Investigation LOD and Misconduct Status), dated 
4 October 2001, shows the applicant alleged that she strained her back while attempting to climb into a five-ton truck on 4 February 2001.  The LOD investigation determined that her illness was incurred “Not in Line of Duty.”  The final approval authority signed the LOD investigation on 28 April 2003. 

8.  On 28 April 2003 the applicant was provided a copy of the final LOD findings.  She was advised:  Based on the evidence, the illness incurred was “Not In the Line of Duty - Not Due To Own Misconduct.”  She was also advised of her right to appeal the LOD findings.  The available evidence does not show that she appealed the findings.  She was a member of the USAR until 3 January 2005.

9.  The available evidence does not show she had an illness/injury or medical condition that caused her to be unable to perform her duties or warranted processing though the Physical Disability Evaluation System (PDES).


10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  In effect, the Army has already corrected the applicant's SSN for the purpose of accessing her military records, this SSN is shown as SSN X669.   

3.  Since the applicant served in an active duty training status under the SSN ending in X010, the DD Form 214, item 3 (SSN) should remain as currently recorded.  However an entry should be added to item 18 (Remarks), of the 
DD Form 214 to show she also served under the SSN ending in X699.

4.  The DD Form 214 is a snapshot of a service member’s active duty time.  A service member's USAR service after a period of active duty service is not included on the DD Form 214.

5.  The available evidence indicates the applicant’s USAR service is correctly documented on her AHRC Form 249-2-E.  The available evidence contains no discharge documents dated 3 January 2005.

6.  In April 2003, while a member of the USAR, an LOD investigation determined that a back strain the applicant incurred in February 2001 was “Not in Line of Duty” and there is no evidence that this condition warranted processing through the PDES when she was discharged from the USAR.  The applicant remained in the USAR until January 2005.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214, item 18, by adding the statement "Applicant also served under SSN XXX-XX-X699.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to granting relief in excess of that listed above. 



      _______ _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)                                         AR20150002925



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ABCMR Record of Proceedings (cont)                                         AR20150002925



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