IN THE CASE OF:	  

		BOARD DATE:	       31 March 2009

		DOCKET NUMBER:  AR20080016576 


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, that his Social Security Number (SSN) and date of birth be corrected. 

2.  The applicant states, in effect, that his correct SSN is 406-XX-XXXX and his date of birth is 23 February 19XX.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

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 entered active duty in the Regular Army on 31 January 1969.

3.  With the exception of his DD Form 214 and a handwritten entry on his DA Form 20 (Enlisted Qualification Record), all documents contained in the applicant's official records show his SSN as 406-XX-XXXX and his date of birth as 23 February 19XX.

4.  The applicant's DA Form 20 and the DD Form 214 list his SSN as 402-XX-XXXX and the DD Form 214 shows a date of birth of 2 February 19XX.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that the entry for block 3 (Social Security Number) and block 9 (Date of Birth) was self-explanatory. 

DISCUSSION AND CONCLUSIONS:

Based on the preponderance of the evidence of record, it appears that the applicant's SSN and date of birth on the DD Form 214 is incorrect.  Therefore, it is appropriate to correct the applicant's DD Form 214 to show his SSN as
406-XX-XXXX and his date of birth as 23 February 19XX.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from item 3 of his DD Form 214 the entry "402-XX-XXXX" and replacing it with the entry "406-XX-XXXX"; and
   
b.  deleting from item 9 of his DD Form 214 the entry "2 Feb XX" and 
replacing it with the entry "23 Feb XX."



      _________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)                                         AR20080016576



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ABCMR Record of Proceedings (cont)                                         AR20080016576



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