RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 November 2007
DOCKET NUMBER: AR20070008005
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Carmen Duncan
Member
Mr. Qawiy A. Sabree
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct social security number as 445-##-####; his date of birth as 9 July 1949; his education level as a high school graduate; and his home of record as 2041 South Adams Road, Fort Sill, Oklahoma.
2. The applicant states that these errors occurred on 6 November 1968, the date of his release from active duty.
3. The applicant provides copies of his DD Form 214, Report of Confidential Social Security Benefit Information, social security card, birth certificate, high school transcript, letter of support from a former member of the applicant's unit, and an extract of his unit's personnel roster.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 17 March 1966, the applicant completed a Statement of Personal History (DD Form 398). On this form he indicated that his social security number was 488-##-#### and his date of birth as 4 January 1949.
3. On 28 March 1966, the applicant enlisted in the Regular Army for 3 years. The applicant's Enlistment Record (DD Form 4) shows his date of birth as
4 January 1949 and home of record address as 759 Bryard, St. Louis, Missouri. The applicant signed this form and it was verified by a commissioned Army officer.
4. In May 1968, the applicant, identified in part by social security number 488-##-####, was convicted by a special court-martial.
5. In July 1968, the applicant completed an Application of Identification Card (DA Form 428) wherein he indicated his social security number as 488-##-#### and his date of birth as 4 January 1949.
6. The applicant's military records show that he had completed 2 years of high school at the time of his enlistment on 28 March 1966. During this enlistment he successfully completed the educational requirements for a high school diploma.
7. The applicant's high school transcript shows that he graduated from the Frankfurt American High School on 28 May 1967.
8. On 6 November 1968, the applicant was honorably released from active duty and transferred to the United States Army Reserve. His DD Form 214 shows in Item 3 (Social Security Number) 488-##-####; Item 9 (Date of Birth) 4 January 1949; Item 21 (Home of Record at Time of Entry into Active Service) 759 Bayard, St. Louis, Missouri 63108; and Item 30 (Remarks) Civilian Education: 9.
9. The birth certificate provided by the applicant was issued on 1 June 2001. It shows that he was born on 9 July 1949.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Army using a social security number of 488-##-#### and a date of birth of 4 January 1949. There is no evidence of record showing that he had any other social security number or that his date of birth was incorrect.
2. The entry on the applicant's DD Form 214 indicating his home of record at the time of his entry into active service is the same address found on his DD Form 4. Therefore, the applicant's request to change this data should be denied.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. Therefore, there is no basis for granting the applicant's request to change the social security number or date of birth that he voluntarily used during his military service.
5. The evidence of record clearly shows that he completed his high school education after entering the Regular Army. Therefore, his DD Form 214 should be corrected to show this accomplishment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___QAS__ __CD ___ __LDS GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 showing in Item 30 (Remarks) of his DD Form 214 that he completed 12 years of civilian education.
2. The Board further determined that 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 social security number, date of birth, or home of record.
_____ Linda D. Simmons __
CHAIRPERSON
INDEX
CASE ID
AR20070008005
SUFFIX
RECON
DATE BOARDED
20071114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
112
3.
4.
5.
6.
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