IN THE CASE OF:	  

		BOARD DATE:	    8 March 2011

		DOCKET NUMBER:  AR20100021677 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 June 1968:

* item 3 (Social Security Number (SSN)) - change from ***-**-5321
to ***-**-9280
* item 9 (Date of Birth (DOB)) - change his year of birth from 1946 to 1947

2.  The applicant states he believes the errors on his DD Form 214 are due to manual military data entry.

3.  The applicant provides:

* a letter, dated 29 July 2010, from the Social Security Administration
* his birth certificate from the City of Elizabeth, NJ
* his social security card
* his passport

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 25 July 1966.  He completed his training requirements and he was awarded military occupational specialty of 11B (Light Weapons Infantryman).

3.  His DD Form 47 (Record of Induction) does not show an SSN.  It shows military service number (MSN) US 5* *** *** and his year of birth is shown as 1946.  

4.  His DA Form 20 (Enlisted Qualification Record) does not show an SSN.  His year of birth is shown as 1946.

5.  Throughout the applicant's Military Personnel Records Jacket (MPRJ) he is identified by his MSN.  His SSN is not noted on his MPRJ.

6.  On 10 June 1968, he was released from active duty.  Item 3 of his DD Form 214 shows his SSN as ***-**-5321.  His year of birth in item 9 is shown as 1946.

7.  There was no DA Form 2139 (Military Pay Voucher) available for review.

8.  A letter, dated 29 July 2010, from the Social Security Administration states there is no record of the applicant ever being assigned SSN ***-**-5321.  The only SSN in their records for him is ***-**-9280 which was assigned to him in 1963.

9.  The social security card submitted by the applicant shows his SSN as ***-**-9280.

10.  The birth certificate submitted by the applicant shows his year of birth as 1947.  This certificate was issued on 8 September 1981, which is 13 years after his period of service.

11.  The passport submitted by the applicant shows his year of birth as 1947.  The applicant's passport was issued on 19 April 2005, which is 37 years after his period of service.

12.  Effective 1 July 1969, the SSN replaced the MSN as a means of identifying military service members.  

13.  Army Regulation 635-5 (Separation Documents), effective 1 February 1967, states the social security number in item 3 of the DD Form 214 will be transcribed from the Soldier's DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's induction and throughout his period of military service Soldiers were identified by their MSN and not their SSN.  

2.  The applicant's SSN is not record in his MPRJ other than on his DD Form 214.  No DA Form 2139 is available.  A letter from the Social Security Administration states he was assigned SSN ***-**-9280 in 1963.  Therefore, it is appropriate to correct item 3 of his DD Form 214 to show his SSN as ***-**-9280.

3.  The applicant's DD Form 47 shows his year of birth as 1946.  There is no indication in the MPRJ as to what document was used to verify his year of birth at the time of induction.  The birth certificate and passport submitted by the applicant both show his year of birth as 1947.  However, these documents were issued well after his period of service.  Therefore, there is insufficient evidence to compromise the integrity of Army records.

4.  For historical purposes, the Army has an interest in maintaining the integrity 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.  While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the difference in his DOB.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.


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:

   a.  deleting the entry in item 3 of his DD Form 214; and
   
   b.  adding SSN ***-**-9280.

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 year of birth.  




      _________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)                                         AR20100021677



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ABCMR Record of Proceedings (cont)                                         AR20100021677



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