IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005847 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) as follows: * change his social security number (SSN) from XXX-XX-59 to XXX-XX-79 * change the rank/grade 2. The applicant states, in effect, the current information is wrong. 3. The applicant provides a DD Form 215. 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 Regular Army on 29 December 1966. 3. He was discharged on 17 November 1969. His DD Form 214 shows he completed 2 years, 7 months, and 7 days of net active creditable service. a. Item 3 shows his SSN as XXX-XX-59. b. Item 5a (Grade, Rate, or Rank) shows PVT; item 5b (Pay Grade) lists E-2. 4. His available service record contains the following relevant documents: a. DD Form 215, prepared 22 November 1984, lists his SSN as XXX-XX-59. No rank or pay grade is shown on this form. b. DA Form 20 (Enlisted Qualification Record) shows the following: (1) His SSN is listed as XXX-XX-79. (2) Item 33 (Appointments and Reductions) shows he was promoted to the rank of specialist four (SP4)/E-4, then, as a result of a court-martial on 6 December 1968, he was reduced to PV1/E-1. He was subsequently promoted to private (PV2)/E-2 on 7 April 1969, but on 2 July 1969, he was reduced once more to PV1 based on another court-martial. c. DD Form 398 (Statement of Personal History) shows a pen and ink entry listing his SSN as XXX-XX-79. d. Summary Court-Martial Order Number 37, dated 6 October 1969, issued by Headquarters, 2nd Squadron, 3rd Armored Cavalry Regiment reflects he was convicted of breaking restriction. His punishment included a reduction to PV1/E-1. 5. Army Regulation 635-8 (Personnel Separations - Separation Processing and Documents) prescribes policies and procedures for the preparation of DD Forms 214 and 215. It states in pertinent part: a. Items 1 through 4 (Name; Department, Component, and Branch; SSN; Mailing Address, respectively) are to be transcribed exactly as shown on the original DD Form 214. b. The DD Form 214 should reflect the rank and grade held at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the SSN listed in his military service record is XXX-XX-79. The entry on the DD Form 214 is clearly a typographical error. Because of the requirement to transcribe the SSN exactly as shown on the DD Form 214, the DD Form 215 also shows the incorrect SSN. 2. Based upon the evidence of record, his rank/grade at the time of separation was PV1/E-1. His DD Form 214, however, shows PV2/E-2. It is not the Board's practice to change a record when the end result will cause an applicant to be worse off than when they applied for a correction of their record. Changing his rank/grade to PV1/E-1 would clearly be less favorable. 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 following: a. issuing a new DD Form 215 that makes the corrections previously authorized and also deletes SSN XXX-XX-59 from item 3 of the DD Form 214 for the period ending 17 November 1969 and adds SSN XXX-XX-79. b. voiding the DD Form 215 prepared on 22 November 1984 and SSN XXX-XX-79. 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 amending the rank/grade shown on his DD Form 214. ___________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) AR20150005847 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005847 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1