IN THE CASE OF:	  

		BOARD DATE:	    21 September 2011

		DOCKET NUMBER:  AR20110005769 


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-xx83, instead of xxx-xx-xx38
* date of birth (DOB) as 20 August 1939, instead of 20 August 1941

2.  The applicant states that he finds the errors to be clerical, and as such, he has been denied benefits by the Department of Veterans Affairs (VA).  He states he would like the errors resolved so he can receive the benefits he is entitled to.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* social security card
* State of Arizona Driver License

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 administered an enlistment physical on 8 December 1959.  Item 12 (DOB) of his Standard Form (SF) 88 (Report of Medical Examination) shows his DOB as 20 October 1940. 

3.  He enlisted in the U.S. Army Reserve (USAR) on 21 December 1959.  His SSN is not shown on his DD Form 4 (Enlistment Record – Armed Forces of the United States).  Item 15 (DOB) of his DD Form 4 shows his DOB as 20 August 1941.

4.  As part of his enlistment, he completed a DA Form 41 (Record of Emergency Data).  Item 4 (DOB) of this form shows his DOB as 20 August 1940 and item     8 (SSN) shows his SSN as xxx-xx-xx83.

5.  On 31 January 1960, he entered active duty for the purpose of attending basic combat and advanced individual training.  On 30 July 1960, he was honorably released from active duty after obtaining qualification in military occupational specialty 940 (Food Service Helper) and transferred to his USAR unit of assignment.  His DD Form 214 shows he completed 6 months of total active service.  Item 6 (DOB) of this form shows his DOB as 20 August 1941, and item 32 (Remarks) shows his SSN as xxx-xx-xx38.

6.  His record contains a DA Form 24 (Service Record) that shows his SSN as xxx-xx-xx83.

7.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows his DOB as 20 August 1941.

8.  With the exception of the forms noted above, his SSN and DOB are not shown on any other documents contained in his available record.  

9.  He provides a copy of his social security card which shows his SSN as 
xxx-xx-xx83, and his State of Arizona Driver License, which shows his DOB as 20 August 1939.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to correct his SSN.  The evidence of record shows his SSN was seldom used throughout his period of military service; but when used, the number was consistent with the SSN he provided on his social security card, with the noted exception of his DD Form 214.  It is not unreasonable to presume that the SSN entry on his DD Form 214 was incorrect as a result of clerical error; therefore, he should receive the requested relief.

2.  The applicant contends his DD Form 214 should be amended to show his DOB as 20 August 1939.  The evidence of record shows he had two different DOBs depicted in his records, and neither is consistent with the requested DOB.  

3.  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.  There is not a sufficiently compelling reason for compromising the integrity of the Army's records; therefore, there is a reluctance to recommend that those records be changed.

4.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed his military service record, including his DD Form 214, was correct at the time of its completion.  In view of the foregoing, there is insufficient evidence to grant relief in the change of DOB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 32 of his DD Form 214 to show his SSN as xxx-xx-xx83.

2.  The Board further determined 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 the correction of his date 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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20110005769



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