IN THE CASE OF: BOARD DATE: 9 July 2021 DOCKET NUMBER: AR20210009438 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as shown on his social security card * correction of his DD Form 214 to show a separation date of 25 November 1997 * eligibility for a Department of Veterans Affairs (VA) Certificate of Eligibility (COE) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 18 January to 13 July 1990 * social security card * Certificate of Live Birth FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant inquired about his eligibility for a VA COE. However, eligibility for a VA COE is determined by the VA and therefore, not within the purview of the ABCMR. The applicant may obtain information about his eligibility and application procedures for a VA COE by visiting the VA website at https://www.va.gov/housing-assistance/home- loans/eligibility/. This portion of the applicant's request will not be discussed further in this Record of Proceedings. 3. The applicant states his DD Form 214 should be corrected because he cannot get the work position he applied for due to the errors on his DD Form 214. 4. The applicant enlisted in the U.S. Army Reserve (USAR) on 22 November 1989. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the SSN he claims is incorrect. 5. The applicant's DD Form 214 shows he entered initial active duty for training (IADT) on 18 January 1990 and that he was released from IADT on 13 July 1990. His DD Form 214 shows the SSN he claims is incorrect. 6. The applicant's available records contain a U.S. Army Recruiting Command (USAREC) Form 1028 (Statement for Acknowledgement USAR), dated 25 August 1993, showing he listed the SSN he claims is correct. 7. The applicant was discharged from the USAR on or around November 1997. A review of his available military personnel records revealed that aside for the USAREC Form 1028, he listed the SSN he now claims is incorrect throughout his entire period of USAR service. 8. There is no evidence in the applicant's available records indicating he performed continuous active duty service in excess of 90 days after his release from IADT on 13 July 1991. 9. The applicant provided a copy of his social security card showing the SSN he claims is correct. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board determined there is sufficient evidence of his SSN reflecting incorrectly on his DD Form 214. However, the Board agreed there is insufficient evidence that shows he served to the contested separation date on active duty. Finally, the applicant is advised the Board does not have authority to approve VA benefits as the VA operates under their own policies and guidance. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 his DD Form 214 for the period ending 13 July 1990 by showing the SSN on his Social Security Card. 2. The Board further determined 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 any further relief. 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's released from IADT, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. A DD Form 214 will be prepared for USAR and Army National Guard personnel after completing 90 days or more of continuous active duty or after completing IADT which resulted in the award of a military occupational specialty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009438 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1