BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090021529
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 social security number (SSN) and his date of birth (DOB) as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 June 1968.
2. The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946.
3. The applicant provides copies of his DD Form 214, birth certificate, and 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 military personnel records show he was inducted into the Army of the United States on 21 June 1966. His DD Form 47 (Record of Induction) does not contain an entry showing his SSN. He was assigned the military service number USXXXXX962. His DOB is shown as 16 December 1946.
3. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946.
4. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.
5. A DA Form 428 (Application for Identification Card), dated 17 January 1967, shows the applicant's DOB as 17 December 1946.
6. Orders contained in the applicant's military personnel records jacket (MPRJ) identify the applicant with the MILITARY SERVICE NUMBER USXXXXX962 and the SSN XXX-XX-1530.
7. On 20 June 1968, the applicant was released from active duty. He had completed 2 years of active service that was characterized as honorable. His DD Form 214 shows in:
* item 2 (Service Number) - USXXXXX962
* item 3 (Social Security Number) - XXX-XX-1830
* item 9 (Date of Birth) - 16 December 1946
8. The birth certificate submitted by the applicant shows his DOB as 17 December 1946. The social security card submitted by the applicant shows his SSN to be XXX-XX-1530.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN and DOB on his DD Form 214 are incorrect.
2. The applicant's DD Form 47 shows his DOB as 16 December 1946. However, his birth certificate, DD Form 398, DA Form 3027, and DA Form 428 show his DOB as 17 December 1946. Therefore, the preponderance of the evidence in this case shows his correct DOB to be 17 December 1946. Therefore, it would be appropriate to change item 9 of his DD Form 214 to read 17 December 1946 instead of 16 December 1946.
3. At the time of the applicant's induction, Soldiers were identified by an assigned military service number, not by their SSN. However, during his enlistment, some official documents in his MPRJ identified him using both his military service number and his SSN. Orders in his MPRJ identify him using both the military service number USXXXXX962 and the SSN XXX-XX1530. His NAC was submitted identifying him using both his military service number USXXXXX962 and the SSN XXX-XX1530. Therefore, there is sufficient official documentation to determine his correct SSN is XXX-XX-1530. Therefore, it is appropriate to correct item 3 of his DD Form 214 to read XXX-XX-1530 instead of XXX-XX-1830.
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 amending his DD Form 214 by changing:
* item 3 to read XXX-XX-1530 instead of XXX-XX-1830
* item 9 to read 17 December 1946 instead of 16 December 1946
____________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) AR20090021529
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