IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080013946
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, correction of his social security number (SSN) and his date of birth (DOB) on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.
2. The applicant states, in effect, that the SSN and DOB reflected on his DD Form 214 are incorrect.
3. The applicant provides a copy of his DD Form 214, a copy of his social security card, a statement of SSN verification from the Social Security Administration and a copy of his birth certificate in support of his request.
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. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 4 March 1971 from the Army National Guard. He was trained in military occupational specialty 11B, Light Weapons Infantryman. He was honorably released from active duty on 11 July 1971 and was transferred to the Nebraska Army National Guard to complete his service obligation of 5 years.
3. The applicants record shows the applicants social security number by which he was identified throughout his service in the Army was 508-*2-02**.
4. Special Orders Number 32, dated 17 February 1971, ordering the applicant to active duty for training, shows his correct SSN as 508-*2-02**.
5. Special Orders Number 170, dated 22 June 1971, releasing the applicant from active duty for training and reassigning him to a reserve unit, shows his SSN as 508-*2-02**.
6. Item 3 (Social Security Number) of the applicants DD Form 214 shows that the sixth and seventh digits of his social security number were transposed showing it as 508-*2-20**.
7. The applicant provided a copy of his Social Security Card and a notification from the Social Security Administration from Grand Island, Nebraska, dated 3 November 2008, which verifies the social security number listed on the social security card is the one issued to the applicant.
8. Item 9 (Date of Birth) of the applicants DD Form 214 shows the entry "9 Jan 51" (9 January 1951).
9. On the applicants Standard Form 88, Report of Medical Examination, dated 6 June 1971, item 12 (Date of Birth) shows the date of "9 July 1951."
10. The applicant provided a copy of his birth certificate to verify his date of birth as 9 July 1951.
DISCUSSION AND CONCLUSIONS:
1. The applicants social security number was incorrectly recorded on his DD Form 214 as 508-*2-20**, apparently due to a typographical error.
2. The applicants correct social security number is 508-*2-02**. The applicant is entitled to correction of his social security number on his DD Form 214.
3. The applicants date of birth was incorrectly recorded on his DD Form 214 as "9 Jan 51." Records show that his actual date of birth is 9 July 1951. The applicant is entitled to correction of his date of birth on his DD Form 214.
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. showing the entry "508-*2-02**" in item 3 (Social Security Number) on the applicants DD Form 214 , and
b. showing the entry "9 Jul 51" in item 9 (Date of Birth) on the applicants DD Form 214.
____________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) AR20080013946
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ABCMR Record of Proceedings (cont) AR20080013946
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