IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110009650
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:
a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his birth month as "Jun" instead of "Jan"; and
b. that his records show his social security number (SSN) has been changed from XXX-XX-2227 to XXX-XX-2188.
2. He states the SS Administration (SSA) replaced his old SSN with a new number.
3. He provides a sworn statement; an SSN printout; birth certificate; and copies of his DD Form 214, his Florida driver license, SSN card, Department of Veterans Affairs card, and 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His DD Form 47 (Record of Induction) shows he was inducted into the Army on 8 April 1965. His birth month as shown on this document is June.
3. He was honorably released from active duty on 13 January 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 for this period of service shows his birth month as "Jan." Item 32 (Remarks) of this form shows his SSN as XXX-XX-2227.
4. The birth month on the copy of his passport and birth certificate that he provided shows his birth month as June.
5. His discharge letter orders and an Army Reserve Personnel Data Review document, the only documents found in his military records containing an SSN given at the time of his service the Army used service numbers in lieu of the SSN, show his SSN as XXX-XX-2227.
6. The copy of the SSN card and SSN printout he provided show his SSN as XXX-XX-2188.
DISCUSSION AND CONCLUSIONS:
1. The applicant's copy of birth record, passport, and DD Form 47 show his birth month as June. As such, it appears the birth month on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show his birth month as "Jun."
2. He provides a copy of an SSN card and SSN printout showing his SSN as XXX-XX-2188. The only two military documents containing his SSN in addition to his DD Form 214 are from his U.S. Army Reserve service after his release from active duty. These three documents show his SSN as XXX-XX -2227. It is not possible to determine when the SSA replaced his old SSN with the new one.
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 a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to show the SSN on the social security card he provided, absent evidence his SSN was changed during the time of his military service there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and the SSN he now uses.
5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 Department of the Army records of the individual concerned be corrected by amending item 9 (Date of Birth) (Month) on his DD Form 214 to show "Jun."
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 his records to show his SSN as XXX-XX-2188.
_______ _ __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) AR20110009650
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ABCMR Record of Proceedings (cont) AR20110009650
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