Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110004143
Original file (20110004143.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110004143 


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 records to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX9" and to show his date of birth (DOB) as "24 June 1953" instead of "14 December 1952."

2.  The applicant states he was a young man without direction and his mother wanted him out of her life.  He contends his mother signed all his papers and incorrectly documented his DOB and SSN so he would be accepted upon enlistment.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), copies of his birth record and social security card, and a Social Security Administration SSN Printout.

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 enlisted in the Regular Army on 26 February 1971.  His DD Form 4 (Enlistment Contract) shows the SSN and DOB he now claims are incorrect.

3.  All documents in his entire official military personnel file (OMPF) show the SSN and DOB he now claims are incorrect.

4.  He was released from active duty on 5 December 1973.  His DD Form 214 shows the SSN and DOB he now claims are incorrect.

5.  There is no evidence in his OMPF showing he ever served under the SSN and DOB he now claims are correct.

6.  He provided a Social Security Administration SSN Printout and copies of his birth record and social security card that show the SSN and DOB he now claims are correct.

7.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show a different SSN and DOB has been carefully considered.

2.  The evidence of record shows he served under the SSN "XXX-XX-XXX9" and DOB of "14 December 1952" throughout his entire military career.  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 his desire to now record his correct SSN and DOB in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN and DOB recorded in his military record and to satisfy his desire to have his correct SSN and DOB documented in his OMPF.

4.  In view of the above, his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _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)                                         AR20110004143



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004143



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130021476

    Original file (20130021476.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as XXX-XX-XX3X and his DOB as XX February 1952. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XXX-XX-XX5X. Item 9 (DOB) of this form shows his DOB as XX February 1952.

  • ARMY | BCMR | CY2011 | 20110011641

    Original file (20110011641.txt) Auto-classification: Denied

    The applicant requests correction of the social security number (SSN) that is recorded in his military service records. The applicant contends the SSN that is recorded in his military service records should be corrected to show his SSN is "XXX-XX-XXX3." 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 REFRAD.

  • ARMY | BCMR | CY2013 | 20130012246

    Original file (20130012246.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his correct date of birth (DOB) and social security number (SSN). The applicant's DD Form 47 (Record of Induction) shows in item 5 (DOB): "18 Nov 1946." The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.

  • ARMY | BCMR | CY2013 | 20130018513

    Original file (20130018513.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-XX-XXX4 instead of XXX-XX-XXX9. 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...

  • ARMY | BCMR | CY2011 | 20110006335

    Original file (20110006335.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The evidence further shows this same address was listed on his DD Form 214 as his permanent address following separation, and he authenticated his DD Form 214 by affixing his signature. As a result, the Board recommends denial of so much of the application that pertains to the correction of his: * separation rank and grade * home of record address * permanent address for mailing purposes after...

  • ARMY | BCMR | CY2014 | 20140007040

    Original file (20140007040.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-xxx8" vice "xxx-xx-xxx9." His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) which were created upon his entry on active duty listed his SSN as "xxx-xx-xxx9 (the number 9 is listed as the ninth digit).

  • ARMY | BCMR | CY2011 | 20110018131

    Original file (20110018131.txt) Auto-classification: Approved

    The applicant requests, in effect, 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-XXX9," instead of "XXX-XX-XXX5." It appears that his SSN was erroneously listed on his DD Form 214, he did not see the error, and he authenticated his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of his DD...

  • ARMY | BCMR | CY2013 | 20130000794

    Original file (20130000794.txt) Auto-classification: Approved

    The evidence of record shows the U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. Records show the applicant's correct SSN was used throughout his active duty service and on his DD Form 214 when he was transferred back to the USAR. The evidence of record also shows that an incorrect SSN was entered on the applicant's discharge orders from the USAR.

  • ARMY | BCMR | CY2010 | 20100019291

    Original file (20100019291.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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. His birth certificate and documents in his service record show his DOB as 2 March 1947; however, his DD Form 214 reflects his...

  • ARMY | BCMR | CY2013 | 20130008550

    Original file (20130008550.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * date of birth (DOB) as XX September 1941 vice XX August 1941 * social security number (SSN) as "XXX-XX-X9XX" vice "XXX-XX-X8XX" 2. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's DOB was listed as XX September 1941 upon his induction into the AUS and his SSN was listed with the seventh digit as 9 upon his entry on active duty. ...