ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170008296 APPLICANT REQUESTS: In effect, to correct the following on his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Grade, Rate or Rank: SGT (sergeant) * Pay Grade: E-5 * Social security number (SSN): xxx-xx-xxxx * Remarks: Service in Southwest Asia 900920-910630 * Change Army National Guard to U.S. Army Reserve APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Social security card * Orders 15-15, dated 14 June 1994 * Orders 352-7, dated 18 December 2001 * DD Form 214 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 states his rank upon leaving service was E-5, his SSN on his DD Form 214 is incorrect. It is listed as xxx-xx-xx, it should be listed as xxx-xx-xx. He enlisted in the United States Army Reserves (USAR) and not the Army National Guard (ARNG). He was deployed to Saudi Arabia from 20 September 1990 to 30 September 1992 not 20 September 1990 to 30 June 1991. 3. The applicant provides: * Social security card which shows his SSN as xxx-xx-xxxx * Orders 15-15, dated 14 June 1994 showing his SSN as xxx-xx-xxxx and his rank as sergeant (SGT) * Orders 352-7, dated 18 December 2001 showing he was honorably discharged from the USAR on 27 September 2001 in the rank of SGT * DD Form 214 * DD Form 215 4. A review of the applicant’s service records shows the following: a. He enlisted in the United States Army Reserves on 5 October 1989. b. DA Form 2-1 (Personnel Qualification Record) shows in block 2 SSN: xxx-xx- xxxx, block 5 Oversea Service from 20 September 1990 to 30 June 1991 Saudi Arabia for 9 months, and block 18 (Service, Training and other Dates) shows he was promoted to SGT in the USAR on 13 December 1993. c. DD Form 214 shows he was honorably released from active duty on 30 June 1991 in the rank of specialist/E-4. Service in Southwest Asia dates are 7 October 1990 until 28 May 1991. d. DD Form 215 shows item number 2 (Department, Component and Branch) corrected to read USAR. Item 18 (Remarks) “Deleted” ordered to active duty in support of Operation Desert Shield/Desert Storm in accordance with (IAW) 10 United States Code (USC) 672//nothing follows "added"//ordered to active duty in support of Operation Desert Shield/Storm IAW 10 USC 672//subject to active duty recall and/or annual screening//nothing follows. e. Orders 01-11, dated 7 January 1994, shows he was promoted to SGT on 13 December 1993. f. Orders 352-7, dated 18 December 2001, shows the applicant was honorably discharged from the USAR on 27 September 2001. 5. By regulation, Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he used the SSN shown on his social security card when he enlisted. However, his DD Form 214 and DD Form 215 both show an erroneous SSN. His DD Form 215 shows his component was changed from ARNG to USAR. Based upon the error to both the DD Form 214 and the DD Form 215, the Board recommends he is reissued a new DD Form 215 encompassing all reflected changes. The applicant was promoted to SGT after the period covered by the DD Form 214. Therefore, there is no basis to change the separation document as the record reflects the circumstances at the time of his separation. Finally, the Foreign Service dates were listed correctly on his DD Form 214 and do not require amending. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 30 June 1991 by showing the SSN listed on his social security card. 2. The Board also determined that a previously issued DD Form 215 for the applicant had his branch of service reflected as ARNG, instead of USAR. For that reason, the Board recommends publishing a new DD Form 215 with those changes as well. 3. 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 changing his component, showing his rank as SGT, and changing his foreign service dates. 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, USC, 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 Army Board for Correction of Military Records (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 (AR) 635-5 (Personnel Separations-Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Table 2-1 (DD Form 214 Preparation Instructions): a. Block number 4: (a and b) GRADE, RATE or RANK and PAY GRADE. Enter active duty grade or rank and pay grade at time of separation. b. Block number 18: Use this block for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008296 4 1