IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019291 


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:

* social security number (SSN) as “xxx-xx-x9x8” instead of “xxx-xx-x8x9”
* date of birth (DOB) as 2 March 1947 instead of 3 February 1947

2.  He states:

* his SSN is incorrect and it should be “xxx-xx-x9x8”
* his DOB should be 2 March 1947
* the numbers were transposed

3.  He provides:

* SSN verification from the Social Security Administration, dated 3 January 2006
* Madison County, IN, Certificate of Birth, issued on 12 March 2004
* DD Form 214

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 was inducted into the Army of the United States on 7 February 1967.

3.  A review of the documents in his military personnel records revealed orders, dated 4 December 1967, which show his SSN as “xxx-xx-x9x8.”  All other documents contained in his service record bearing his SSN shows “xxx-xx-x8x9.”

4.  His military personnel records contain documents which show his DOB as 2 March 1947 throughout his tenure of service.

5.  He was honorably released from active duty on 19 January 1969 as an overseas returnee.  His DD Form 214 shows in:

* Item 3 (SSN) the entry “xxx-xx-x8x9”
* Item 9 (DOB) the entry "3 February 1947"

6.  He provided a letter from the Social Security Administration which verified his SSN as “xxx-xx-x9x8.”

7.  He also provided his birth certificate which shows his DOB on 2 March 1947.

8.  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.  It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his SSN and DOB are incorrect were considered and determined to have partial merit.

2.  His birth certificate and documents in his service record show his DOB as 2 March 1947; however, his DD Form 214 reflects his DOB as 3 February 1947.  It is apparent that his DOB was incorrectly entered on his DD Form 214 at the time of preparation.  Therefore, it would be appropriate to correct his DOB on his DD Form 214 to show his correct DOB of 2 March 1947.

3.  The applicant's SSN appears as “xxx-xx-x9x8” on one order in his service records and as “xxx-xx-x8x9” on all other documents containing an SSN.  The Social Security Administration shows his SSN as “xxx-xx-x9x8”; however, for historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

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 9 of his DD Form 214 the entry “3 FEB 47” and replacing it with the entry “2 MAR 1947.”

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 correcting his DD Form 214 to show his SSN as "xxx-xx-x9x8" instead of "xxx-xx-x8x9."



      __________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)                                         AR20100019291



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ABCMR Record of Proceedings (cont)                                         AR20100019291



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