IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090002128 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Social Security Number (SSN) as "xxx-5x-xxxx" instead of "xxx-3x-xxxx" and his place of birth as "Canon City, Colorado" instead of "Denver, Colorado." 

2.  The applicant states that his DD Form 214 contains incorrect entries.  

3.  The applicant provides a copy of his DD Form 214, dated 26 September 1966; a statement, dated 25 July 2008, from the Social Security Administration (SSA); a copy of his Social Security Card; and a copy of his birth certificate, dated (issued) 27 January 2006, 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 records show he enlisted in the Regular Army for a period of 3 years on 17 October 1963.  Item 2 (Service Number) of the applicant’s DD Form 4 (Enlistment Record) shows his service number but not his SSN.  Additionally, item 16 (Place of Birth) of this form shows the entry "Denver, Colorado."  He authenticated this form by placing his signature in the appropriate block.

3.  On 17 October 1963, the applicant completed a DD Form 398 (Statement of Personal History).  He indicated that he was born in Denver, Colorado.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), which was created upon the applicant’s enlistment, does not list the applicant’s SSN or his place of birth.

5.  On 2 December 1965, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that did not list his SSN but listed his place of birth as Denver, Colorado.

6.  On 27 August 1966, the applicant completed a DA Form 41 (Record of Emergency Data) designating his parents as beneficiaries for pay and allowances.  He listed his SSN as "xxx-5x-xxxx."

7.  On 14 September 1966, the applicant underwent a separation physical examination.  He completed his portion of the Standard Form (SF) 89 (Report of Medical History) and indicated that he was born in Denver, Colorado.  

8.  The applicant’s records show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71A (Clerk).  He was honorably released from active duty on 26 September 1966 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

9.  Item 5 (Place of Birth) of the applicant’s DD Form 214 shows he was born in Denver, CO.  Item 32 (Remarks) of this same form shows his SSN as
"xxx-3x-xxxx."  The applicant authenticated this form by placing his signature in Item 31 (Signature of Person Being Transferred or Discharged) in the appropriate block.

10.  The applicant provided a copy of his Social Security Card and a statement, dated 25 July 2008, from the SSA, that confirm his SSN as "xxx-5x-xxxx."  He also provided a copy of his birth certificate, dated (issued) 27 January 2006, that shows he was born in Canon City, Colorado.  


11.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct SSN and place of birth.

2.  With respect to the applicant’s SSN, the evidence of record shows that the applicant used his service number throughout his military service.  His record contains only one document that shows a SSN consistent with that shown on his Social Security Card and the statement from the SSA.  It appears that his DD Form 214 erroneously listed his SSN as "xxx-3x-xxxx."  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.

3.  With respect to the applicant’s place of birth, the evidence of record shows that the applicant listed Denver, CO, as his place of birth upon his enlistment in the Army.  His place of birth is consistent with the place of birth listed on documents in his service record throughout his entire military service.   The applicant authenticated several of these documents by placing his signature in the appropriate block, indicating the entry on each form was correct to the best of his knowledge.  He did not use the requested place of birth during his military service.

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the place of birth under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in 
those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct place of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct place of birth, will be filed in his Official Military Personnel File (OMPF).  This 
should serve to clarify any questions or confusion in regard to the difference in the place of birth recorded in his military record and to satisfy his desire to have his correct place of birth documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ____X___  ___X____  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 deleting from item 32 of the applicant's DD Form 214 the entry "SSAN:  
xxx-3x-xxxx" and replacing it with the entry "xxx-5x-xxxx."  

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 the applicant’s place of birth.



      __________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)                                         AR20090002128



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ABCMR Record of Proceedings (cont)                                         AR20090002128


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