BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011707 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011707 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. BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011707 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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN) and that he was airborne qualified. 2. The applicant states, in effect, his SSN is incorrectly listed in his military records, and none of his three DD Forms 214 show he was airborne-qualified. 3. The applicant provides no additional documentary evidence. 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 West Virginia Army National Guard on 1 September 1960. a. On 19 November 1960, he was ordered to active duty for initial training and upon completion of training on 14 May 1961, he was honorably released from active duty (REFRAD). b. His DD Form 214 shows he completed 5 months and 26 days of net active creditable service. * Item 2 (Service Number) lists NG * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar * Item 32 (Remarks) lists his SSN as 3. On 15 October 1961, he was involuntarily ordered to active duty. On 5 June 1962, he was honorably discharged for the purpose of immediately enlisting in the Regular Army (RA). a. His DD Form 214 shows he completed 7 months and 21 days of net service this period. * Item 2 shows his service number as * Item 26 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Item 32 lists his SSN as b. On 9 June 1962, he enlisted in the RA for a 3-year term. 4. On 9 June 1965, he was honorably REFRAD. His DD Form 214 shows he completed 3 years and 4 days of net service this period. * Item 2 lists his service number as * Item 26 shows the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Item 32 lists his SSN as 5. His available service record contains the following relevant documents: a. DD Form 398 (Statement of Personal History), which lists his SSN as XXX-XX-XX25. b. DA Form 24 (Service Record) shows: * his SSN as * Section 9 (Medals, Decorations, Citations) is void of any entries regarding awards for airborne qualification c. DA Form 20 (Enlisted Qualification Record) shows in: * item 1 (Name and Service Number), the service number and his SSN as * item 26 (Military Education), no entry regarding airborne qualification * item 27 (Specialized Training), no training associated with airborne qualification d. His available service record is void of orders or other associated documentation reflecting he was airborne qualified. All available documents that list an SSN show his SSN as . REFERENCES: 1. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. Source documents include the DA Form 20 as well as orders. This regulation states. * item 2 will list the Soldier's service number * item 26 shows awards and decorations awarded or authorized during the period covered by the DD Form 214 based on what is noted in section 9, DA Form 24 * item 28 (Service Schools, Colleges, Training Courses and/or Courses Successfully Completed) will state service schools and major courses successfully completed * among other entries, reflect the SSN in item 32 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests, in effect, correction of his DD Forms 214 to show his SSN in item 2. He also requests correction of his DD Form 214 to show he was airborne-qualified. 2. However, the regulation in effect at the time required the service number to be entered in item 2 of the DD Form 214. The SSN was required to be listed in item 32. 3. Item 2 of all three of the applicant’s DD Forms 214 correctly list his service number. Item 32 of all three of the applicant’s DD Forms 214 correctly lists his SSN. Additionally, all available service records that contain an SSN to include his DD Forms 214 list his SSN as As such, no corrections are required. 4. His available service record is void of any documentation that would affirm he was airborne-qualified during his active service. Should the applicant be able to provide verifying documentation (in the form of orders, or similar official evidence generated at the time) within 1 year of the date of the Board's decision, his application can be reconsidered. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011707 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011707 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2