IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013632 


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 show his correct date of birth (DOB) and Social Security Number (SSN).

2.  The applicant states he was born on 22 August 19XX; however, his DD Form 214 shows 27 August 19XX.  He also states the SSN that is recorded on his DD Form 214 is not his SSN.

3.  The applicant provides copies of his birth certificate, Social Security Card and Benefit Information, and DD Form 214 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.  A DD Form 398 (Statement of Personal History) completed by the applicant during his processing for entry in the U.S. Armed Forces shows in item 5 (Date of Birth) the entry "22/8/19XX" (i.e., 22 August 19XX) and in the block for his SSN he entered "2XX-XX-4782."  The applicant also placed his signature on the document.

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted in the Army of the United States on 17 June 1963.  Item 5 (Date of Birth) shows the entry "27 Aug, 19XX."  [The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.]

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 1 (Name and Service Number) the entry "2XX-XX-4782"; however, this entry has been lined-thru (i.e., deleted) and

   b.  item 3 (Date of Birth) shows the entry "22 Aug XX."

5.  The applicant's DA Form 24 (Service Record) shows in the Name and Service Number block the entry "2XX-XX-4782."

6.  The applicant's DD Form 214 shows he entered active duty on 17 June 1963, was honorably released from active duty on 9 July 1965 based on expiration term of service, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed
2 years of net active service this period.

   a.  Item 6 (Date of Birth) shows the entry "27 Aug XX."

   b.  Item 32 (Remarks) shows the entry "SSAN:  2XX-XX-4782."

7.  A Department of the Army, Wage and Tax Statement - 1967, shows in the block for "Type or Print Employee's SSN" the entry "2XX-XX-4782." 

8.  In support of his application, the applicant provides the following documents.

   a.  State of Louisiana, Certificate of Live Birth, that shows the applicant was born on "22 August 19XX."

   b.  Social Security Administration, Form OA-701 (Social Security Card), that shows the applicant's SSN is 4XX-XX-9372."
   
   c.  A Report of Confidential Social Security Benefit Information, dated 16 April 2010, that shows the applicant's DOB is "08-22-19XX" and according to Social Security Administration records, SSN "4XX-XX-9372" belongs to the applicant.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  It 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.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  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 states, 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.  The instructions for:

       (1)  item 6 state "self-explanatory" and for

       (2)  item 32, in pertinent part, "transcribe the Social Security Account Number from the DA Form 24 in the following manner:  SSAN: 000-00-0000."

10.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his DOB is "22 August 19XX" and SSN is "4XX-XX-9372."

2.  The evidence of record shows that the applicant's DOB is 22 August 19XX and he correctly reported his DOB upon entry in the U.S. Armed Forces.  The evidence of record also shows that Army officials incorrectly recorded the applicant's DOB on his DD Form 47 and DD Form 214.  Therefore, it would be appropriate to correct his military service records to show his correct DOB.
3.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported his SSN was "2XX-XX-4782."  The evidence of record also shows that this SSN was accurately and consistently recorded in the applicant's official military service records, including on his DD Form 214 when he was released from active duty.

4.  The applicant now provides evidence that his SSN is "4XX-XX-9372."  

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to his SSN is insufficient evidence to warrant a change to his military service records and separation document.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

   a.  The applicant's military service records clearly show that he reported his SSN was "2XX-XX-4782" and this is documented in his military service records.  

   b.  There is no evidence the applicant had intent to defraud the government.

   c.  In view of the foregoing, there is no basis for granting the applicant's request to change the SSN in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service. 

   d.  Therefore, the applicant is not entitled to correction of his records in this instance.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military records showing that the Social Security Administration confirmed, on 16 April 2010, that SSN "4XX-XX-9372" belongs to the applicant.


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 6 of his DD Form 214 the entry "27 Aug XX" and adding to item 5 the entry "22 Aug XX."

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 his Social Security Number.  



      _______ _   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)                                         AR20100013632



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ABCMR Record of Proceedings (cont)                                         AR20100013632



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