BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017312 


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 date of birth (DOB) and social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his DD Form 214 shows his DOB as 15 August 1945 instead of 15 August 1946 and that his SSN shows x6x-8x-xxxx instead of
x8x-3x-xxxx.

3.  The applicant provides copies of his DD Form 214, a copy of his Commonwealth of Pennsylvania Certification of Birth, and a copy of his 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 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 DD Form 214 shows he enlisted in the Regular Army on 
5 September 1963 for 3 years.

3.  The applicant's military personnel record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 5 September 1963.  Item 15 (Date of Birth) shows the entry "15 August 1945."

4.  His records contain a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History), both dated 27 August 1963 at the time of enlistment and an SF 88 and SF 89, both dated 12 July 1966 at the time of separation.  These forms show his DOB as 15 August 1945.

6.  His records contain a DA Form 348 (Equipment Operator's Qualification Record) that shows his DOB as 15 August 1945.

7.  His DA Form 20 (Enlisted Qualification Record) and DA Form 41 (Record of Emergency Data) both show his DOB as 15 August 1945.

8.  The applicant's DD Form 214 shows in item 5 (Date of Birth) "15 August 1945."

9.  The applicant submitted a copy of a Commonwealth of Pennsylvania Certification of Birth issued on 3 March 1982 that shows his DOB as 15 August 1946.

10.  The applicant's DD Form 4 does not contain any entries or information concerning his SSN.  At the time of his induction, military members were identified by a military service number.  He is identified by his military service number, RA xx xxx 400, throughout his military personnel record.

11.  On 7 September 1966, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 3 years and 3 days of active military service.

12.  Item 32 (Remarks) of the applicant’s DD Form 214 shows his SSN upon discharge as x6x-8x-xxxx.

13.  The applicant provides a copy of a social security card.  This card shows his SSN as x8x-3x-xxxx, the account number he now claims is the correct number.


14.  Office of the Adjutant General, U.S. Army Administrative Center, St. Louis, MO Letter Order 06-296922, subject:  USAR Assignment or Transfer, dated
20 August 1968, shows his SSN as x6x-8x-xxxx.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.

16.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It provides, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

17.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that his induction document, DA Form 20, DA Form 41, and medical documents show his DOB as 15 August 1945.  Although he provides a Certification of Birth issued on 3 March 1982 showing his DOB as 15 August 1946, he provides no explanation as to the difference in the year of birth from his date of enlistment to the date of reissue of his birth certificate.

2.  The evidence of records shows that the applicant used his Service Number throughout his military service.  It is unclear what SSN he used.  His DD Form 214 for the period ending 7 September 1966 shows his SSN as
x6x-8x-xxxx.  Official orders, dated 20 August 1968 also indicate his SSN as
x6x-8x-xxxx.  There are no other documents in his military records with an SSN.  There is no evidence of record and the applicant did not provide any to confirm when he was issued the SSN that he now claims is correct.  Although the applicant now claims the SSN that is shown on his DD Form 214 is incorrect, he failed to provide an official explanation from the Social Security Administration or any other official source that explains the reason for the issuance or use of two different SSN's.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s DOB or SSN in this case.  As such, these Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his DOB and SSN.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB and SSN under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090017312



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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