IN THE CASE OF: BOARD DATE: 27 October 2009 DOCKET NUMBER: AR20090008674 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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his date of birth from "1 January 1940" to "3 January 1940" and his social security number from "XXX-X4-XXXX" to "XXX-X8-XXXX." 2. The applicant states, in effect, that typographical errors resulted in the incorrect date of birth and social security number being entered on his DD Form 214. 3. The applicant provides copies of his DD Form 214, birth certificate, and social security card as documentary evidence in support of his application. 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's record shows he was ordered to active duty from the U.S. Army Reserve (USAR) on 21 September 1965 in the rank/grade of first lieutenant/pay grade O-2. On 20 September 1968, he was relieved from active duty in the rank/grade of captain/pay grade O-3 with an honorable characterization of service and transferred to USAR Control Group (Annual Training) for completion of his obligated period of service. 3. The applicant's record contains a Standard Form 88 (Report of Medical Examination), dated 17 June 1961, on which his date of birth appears as "3 January 1940." 4. The applicant's military personnel record contains a Statement of Personal History form on which his date of birth appears as "3 January 1940." 5. The applicant's record contains a DA Form 61 (Application for Appointment), dated 24 October 1961, on which his date of birth appears as "3 January 1940." 6. The applicant's record contains a DA Form 2349 (Military Pay Voucher), rendered for the pay period of July 1968 on which his social security number appears as "XXX-X8-XXXX." 7. A review of documents contained in the applicant's military personnel records shows that his date of birth consistently appears as "3 January 1940" and his social security number consistently appears as "XXX-X8-XXXX." 8. The applicant provides a copy of a State of New Hampshire Certified Abstract of a Certificate of Birth issued on 8 November 2002 that shows his date of birth as "3 January 1940." 9. The applicant provides a copy of his social security card which shows his social security number as "XXX-X8-XXXX." 10. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as "XXX-X4-XXXX." Item 9 (Date of Birth) of this form shows his date of birth as "1 January 1940." 11. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part it stated that the complete social security number and date of birth of the separating service member would be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that his DD Form 214 should be corrected to show his date of birth as "3 January 1940" and his social security number as "XXX-X8-XXXX" were carefully considered and determined to have merit. 2. The evidence of record shows the applicant's date of birth is "3 January 1940." Therefore, he is entitled to have his DD Form 214 corrected to show his date of birth as "3 January 1940." 3. The evidence of record shows the applicant's social security number is "XXX-X8-XXXX." Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "XXX-X8-XXXX." 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 the applicant's DD Form 214 be corrected to show his date of birth as "3 January 1940" and his social security number as "XXX-X8-XXXX." __________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) AR20090008674 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1