IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006526 


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 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) be corrected.  

2.  The applicant states the SSN and DOB listed on his DD Form 214 should be corrected.  His SSN should had a *3" as the last digit, and his DOB should be   23 Axxxxx xxx7.

3.  The applicant provides his DD Form 214; an affidavit to amend record of birth; dated 9 May 1975; amended birth certificate, dated 13 May 1975; and Social Security card. 

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 record shows he was inducted into the Army of the United States on 20 June 1968.  The DD Form 47 (Record of Induction) lists his DOB as 23 Axxxxx xxx8 in item 5 (DOB).  There is no SSN entered on the 
DD Form 47 as the Service Number (SN) was the primary identification number used at the time of the applicant’s induction.  The record also contains a 
DD Form 1584 (National Agency Check), dated 1 July 1968, upon the applicant’s entry on active duty.  It lists his DOB as 23 Axxxxx xxx8 in item 5 (Month, Day, Year of Birth).  It also lists his SSN in item 7 (SN) using the number 3 as the last digit.  

3.  The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 26 June 1968, upon his entry on active duty, lists his SSN using the number 3 as the last digit in item 1 (Name and SN), and lists his  DOB as 23 Axxxxx xxx8 in item 6 (DOB).  

4.  All orders and other documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that contain an SSN lists the number 3 as the last digit.  All documents containing a DOB list the applicant’s DOB as 23 Axxxxx xxx8.  

5.  On 19 June 1970, the applicant was honorably released from active duty after completing 2 years of active military service.  His DD Form 214, item 3 (SSN), lists a "2" as the last digit.  Item 9 (DOB) lists 23 Axxxxx xxx8.  

6.  The applicant’s MPRJ also contains Office of The Adjutant General, Reserve Components Personnel and Administration Center Letter Orders Number         11-90314, dated 25 November 1975, honorably discharging the applicant from the United States Army Reserve, effective 19 June 1974.  His SSN is listed using the number “3” as the last digit in the standard name line.   

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct the SSN listed in item 3 of his 
DD Form 214 has been carefully considered and found to have merit.  The 


evidence of record confirms the applicant was inducted, served, and was separated using the number “3” as the last digit of his SSN, as evidenced by a DD Form 1584 and DA Form 20 prepared at the time of entry on active duty.  All documents contained in his MPRJ that list an SSN, including his USAR discharge orders, also list a "3" as the last digit.  As a result, it is clear an incorrect SSN is listed in item 3 of his DD Form 214.  As a result, it would be appropriate to correct item 3 of his DD Form 214 accordingly.  

2.  The applicant’s contention that the DOB listed on his DD Form 214 should be corrected to show a birth year of xxx7 has also been carefully considered.  However, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

3.  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 the applicant’s desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood there is no indication he made this request at any time during his military service, or at the time he was separated from active duty.  Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Army’s records to satisfy this request 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 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 amending item 3 of the DD Form 214 by deleting the current SSN and adding "xxx-xx-xxx3.”

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 changing the DOB listed in item 9 of the DD Form 214. 



      ________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)                                         AR20110006526



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006526



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1