BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015482 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015482 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Reserve Letter Orders Number D-1-64, dated 8 January 1975, to show her social security number as shown on her DD Form 398 and her effective date of discharge as 8 January 1975, and b. issuing her a new Honorable Discharge Certificate that shows her social security number as listed on her DD Form 398. _____________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: 14 February 2017 DOCKET NUMBER: AR20150015482 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 her record to show her social security number (SSN) as "XXX-XX-X29X" instead of "XXX-XX-X98X." She further requests correction of the effective date of her discharge as listed on Reserve Letter Orders Number D-1-64. 2. The applicant states the dates on her discharge papers are different than that listed on her discharge orders. In addition, her SSN is incorrect. 3. The applicant provides: * Reserve Letter Orders Number D-1-64 * Honorable Discharge Certificate 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. Her records contain a DD Form 398 (Statement of Personal History) completed at the time of her enlistment which shows her SSN as "XXX-XX-X29X." 3. She enlisted in the U.S. Army Reserve (USAR) on 9 August 1974. Her DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows her SSN as "XXX-XX-X29X." 4. Her records contain a DA Form 2496 (Disposition Form) dated 2 December 1974. This form shows the applicant was scheduled to attend basic training on 8 February 1975; however, on 28 September 1974 she married a man who had custody of his four children. It was recommended the applicant be discharged. 5. Reserve Letter Orders Number D-1-64, dated 8 January 1975, honorably discharged the applicant from the USAR. The effective date of discharge is listed as 8 January 1974. The SSN is listed on these orders as "XXX-XX-X98X." 6. Her Honorable Discharge Certificate lists her SSN as "XXX-XX-X98X." This document further states the applicant was honorably discharged from the USAR on the 8th day of January 1975. REFERENCES: 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: The applicant's SSN appears as "XXX-XX-X29X" on her DD Form 398; however, it appears as "XXX-XX-X98X" on Reserve Letter Orders Number D-1-64. In addition, the evidence shows she enlisted on 9 August 1974; however, her effective date of discharge is listed as 8 January 1974. The evidence shows administrative errors occurred during the preparation of her discharge documents. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015482 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2