IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140007447 


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 show in:

* Item 3 (social security number (SSN) – his SSN as "XXX-XX-XX71" instead of "XXX-XX-XX17"
* Item 9 (Date of Birth (DOB) - his DOB as "12 October 1949" instead of "12 August 1949"

2.  The applicant states his SSN and DOB are wrong on his DD Form 214.  The information is a clerical error that went unnoticed until he tried to enroll in the Department of Veterans Affairs Health Care system.

3.  The applicant provides copies of the following:

* DD Form 214
* birth certificate
* social security card

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 15 August 1969.  His records contain the following:

* DD Form 47 (Record of Induction), dated 15 August 1969, which lists his:

* SSN as "XXX-XX-XX71"
* DOB as "12 August 1949"

* Orders Number 159, dated 15 August 1969, which lists his SSN as "XXX-XX-XX71"
* DD Form 398 (Statement of Personal History), dated 15 August 1969, which lists his:

* SSN as "XXX-XX-XX71"
* DOB as "12 October 1949"

* DA Form 20 (Enlisted Qualification Record), dated 13 September 1971, which lists his:

* SSN as "XXX-XX-XX71"
* DOB as "12 October 1949"

3.  He was released from active duty on 19 October 1971.  His DD Form 214 lists in:

* Item 3 – his SSN as "XXX-XX-XX17"
* Item 9 – his DOB as "12 August 1949"

4.  He provided copies of the following:

* State of Florida birth certificate, issued on 18 April 2014, which identified an individual with same name of record as the applicant was born on "12 October 1949"
* Social security card which shows his SSN as "XXX-XX-XX71"

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated items 3 and 9 would list the SSN and DOB verified in the Soldier's record.

DISCUSSION AND CONCLUSIONS:

Almost all documents in the applicant's military personnel records, to include the DD Form 398 and DA Form 20, list his SSN as "XXX-XX-XX71" and DOB as "12 October 1949."  It appears his DD Form 214 contains typographical errors pertaining to his SSN and DOB.  Therefore, he is entitled to correction of items 3 and 9 of his DD Form 214 to list the same SSN and DOB as shown on the DD Form 398.

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:

* deleting from item 3 of his DD Form 214 the SSN listed and replacing it with the same SSN as listed on the DD Form 398









* deleting from item 9 of this DD Form 214 the month of his DOB (August) and replacing it with the month of "October"



      ___________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)                                         AR20140007447





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ABCMR Record of Proceedings (cont)                                         AR20140007447



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