BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20150013143 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: 10 November 2016 DOCKET NUMBER: AR20150013143 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: 10 November 2016 DOCKET NUMBER: AR20150013143 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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 25 October 1960 and 19 October 1963 to show his social security number (SSN) as listed on the BIRLS Veteran Identification Inquiry Sheet that he provided. 2. The applicant states, in effect, his DD Forms 214 show the incorrect SSN and he has lost 3 and 1/2 years of social security pay. 3. The applicant provides: * BIRLS Veteran Identification Inquiry Sheet * DD Form 214 dated 25 October 1960 * DD Form 214 dated 19 October 1963 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 (RA) for 3 years on 13 June 1960. After completing 4 months and 13 days of total active service, he was honorably discharged on 25 October 1960 for the purpose of immediate reenlistment in the RA. He received a DD Form 214 to show this period of active duty service. 3. On 26 October 1960, the applicant reenlisted in the RA for 3 years. He completed training as a light weapons infantryman. He arrived in Germany on 2 November 1960. He departed Germany to return to the United States on 5 October 1963. After completing 2 years, 11 months, and 24 days of net active service this period, the applicant was honorably released from active duty as an overseas returnee on 19 October 1963. He received a DD Form 214 to show this period of service. Both DD Forms 214 he received show the same SSN. 4. The applicant's official record contains two DA Forms 24 (Service Record) and both forms show the same SSN shown on his DD Forms 214. 5. The applicant provides a copy of a BIRLS Veteran Identification Inquiry Sheet, which shows a different SSN than the one shown on his DD Forms 214 and his DA Forms 24. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, 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 and stated 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's records show that the SSN listed on both of his DD Forms 214 is the same SSN listed on his DA Forms 24. 2. In the absence of evidence showing otherwise, it must be presumed that the SSN recorded on his DD Forms 214 accurately reflected the SSN recorded in his military service records. 3. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013143 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013143 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2