IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110005833
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 the social security number (SSN) and date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his:
* SSN is "565-XX-XXXX" versus "767-XX-XXXX"
* DOB is "X4 JXXX XXXX" versus "X3 JXXX XXXX"
* SSN and date DOB were incorrectly entered on his DD Form 214
3. He provides his:
* DD Form 214
* Social Security Card
* Birth Certificate
* 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's records show he was inducted into the Army of the United States on 8 May 1969 using his Army service number. His DD Form 47 (Record of Induction) shows in:
* item 5 (DOB) X3 JXXX XXXX
* item 9a (Present Civilian Trade or Occupation) SSN 565-XX-XXXX
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 1 (Name and Service Number) SSN "565-XX-XXXX"
* item 6 (DOB) "X3 JXXX XXXX"
4. A thorough review of his official military record shows he used his Army service number or SSN "565-XX-XXXX" the entire time that he served in an active duty status.
5. On 28 November 1970, he was honorably released from active duty and his DD Form 214, item 3 (SSN), lists 767-XX-XXXX and item 9 DOB lists
X3 JXXX XXXX. The applicant signed this form at the time of separation. This DOB is consistent with the date that is documented throughout his military record.
6. He provides copies of his
* State of California Driver License which lists his DOB as X4 JXXX XXXX
* State of California, Certificate of Live Birth issued by the County of Stanislaus, on 9 December 2005, that list his DOB as X4 JXXX XXXX
* Neither of the above documents contain an SSN
* Social Security Card which shows his SSN as 565-XX-XXXX
7. Army Regulation 635-5 (Separation 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. In pertinent part it states that 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. According to the available evidence the SSN that is shown on the applicant's DD Form 214 does not reflect the SSN that he was inducted with and served under. The documents in his official record that contain an SSN list SSN
565-XX-XXXX which matches the SSN shown on his Social Security Card. Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
2. The applicant was inducted and served using the DOB of X3 JXXX XXXX. 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 that the applicant desires to have his military record corrected to show the DOB that is shown on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 3 of his DD Form 214 by:
* deleting the current entry
* adding SSN "565-XX-XXXX" as shown on his Social Security card
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 correction of his
DD Form 214 to show his DOB as X4 JXXX 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) AR20110005833
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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