BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100016261
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 and social security account number (SSAN).
2. The applicant states his DD Form 214 shows an incorrect date of birth and SSAN. He needs this data corrected so he can pre-certify for burial at the Missouri Veteran's Cemetery.
3. The applicant provides copies of his DD Form 214, Missouri Birth Certificate issued on 4 August 2005, and Social Security card issued on 16 April 2010.
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 provides his:
a. Birth certificate that shows his date of birth as x December xxx8 and
b. Social Security card that shows his SSAN as xxx-x6-xxxx.
3. The applicant's records contain a:
a. DD Form 47 (Record of Induction) that shows his date of birth as
x December xxx8;
b. DA Form 41 (Record of Emergency Data) that shows his date of birth as
x December xxx8 and SSAN as xxx-x6-xxxx;
c. Standard Form 88 (Report of Medical Examination) that shows his date of birth as x December xxx8; and
d. DA Form 24 (Service Record) that shows his SSAN as xxx-x6-xxxx.
4. The applicant's DD Form 214 shows in:
a. Item 6 (Date of Birth) the entry x December xxx5; and
b. Item 32 (Remarks) the entry SSAN xxx-x5-xxxx.
5. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for the entry of the Soldier's date of birth in item 6; and for the social security number in item 32.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that the applicant's date of birth and SSAN were incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to reflect his correct date of birth and SSAN.
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:
a. deleting from item 6 of his DD Form 214 the entry "x December xxx5" and replacing it with the entry "x December xxx8" and
b. deleting from Item 32 of his DD Form 214 the entry "SSAN: xxx-x5-xxxx" and replacing it with the entry "SSAN: xxx-x6-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) AR20100016261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016261
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