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 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 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
ARMY | BCMR | CY2012 | 20120006378
Application for correction of military records (with supporting documents provided, if any). As for his SSN, the evidence of record shows the SSN of "XXX-X4-XXXX" was used when he enlisted in the RA in January 1976 and when he was discharged in October 1976. Therefore, there is an insufficient basis for amending his SSN on his military records.
ARMY | BCMR | CY2012 | 20120005240
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "XXX-X8-XXXX" instead of "XXX-X4-XXXX." On 16 September 1972 prior to his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-X8-XXXX." Therefore, it would be appropriate to grant relief by correcting his DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2012 | 20120010066
IN THE CASE OF: BOARD DATE: 20 December 2012 DOCKET NUMBER: AR20120010066 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) shown as xxx-x4-xxxx instead of xxx-x8-xxxx. His record contains: * An undated DD Form 398 (Statement of Personal History) that lists his SSN as xxx-x4-xxxx * DD Form 47 (Record of Induction), dated 26 November...
ARMY | BCMR | CY2013 | 20130007737
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his medical records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "X22-X4-XXX" instead of "X57-X8-XXXX." 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...
ARMY | BCMR | CY2013 | 20130002826
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows his SSN as "xxx-x8-xxxx." However, Special Order Number 111, dated 10 June 1969, and his DD Form 398, dated 11 June 1969, both confirm he recorded his SSN as "xxx-x4-xxxx" at the time of induction and are accepted as sufficient evidence of his SSN.
ARMY | BCMR | CY2012 | 20120005213
The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 May 2005 and 20 January 2010 to show his social security number (SSN) as "XXX-X4-XXXX" instead of "XXX-X5-XXXX." A thorough review of documents contained in the applicant's military personnel records shows his social security number appears as both "XXX-X4-XXXX" and "XXX-X5-XXXX" on several documents throughout his tenure of service. Therefore, he is...
ARMY | BCMR | CY2013 | 20130001394
His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his assigned service number; it does not list his SSN. Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Forms 214 for the periods of service ending 4 April 1968 and 24 January 1973 to show the SSN as it is listed on his Social Security Card. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140013617
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-X8-XXXX" instead of "XXX-X0-XXXX." Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X0-XXXX." The evidence of record shows he was inducted into the Army of the United States on 21 March 1968, and at the time of his induction his SSN was represented as "XXX-X8-XXXX."
ARMY | BCMR | CY2013 | 20130018429
Application for correction of military records (with supporting documents provided, if any). His record contains a DA Form 2496 (Disposition Form), initiated on 15 August 1973, which shows he requested correction of his military records to show his social security number as "xxx-x4-xxxx" instead of "xxx-x5-xxxx." Although the applicant's social security number appears as both "xxx-x5-xxxx" and "xxx-x4-xxxx" in his military personnel records evidence from the U.S. Social Security...
ARMY | BCMR | CY2014 | 20140014683
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 2 June 1969, to show his social security number (SSN) as "XXX-X8-XXXX" instead of "XXX-X9-XXXX." It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. Therefore, it would be appropriate to correct his...