IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012905
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) ends with the number "3" instead of "2"
* date of birth (DOB) is 21 July 19XX instead of 17 July 19XX
2. The applicant states the SSN and DOB shown on his DD Form 214 are incorrect due to typing errors.
3. The applicant provides copies of his:
* Social Security Administration (SSA) printout
* Michigan Driver's License
* Social Security Card
* Certification of Birth, dated 28 May 2003
* DD Form 214
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 inducted into the Army of the United States on 27 May 1966. At that time, Soldiers were issued Army service numbers. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 21 July 19XX.
3. He was honorably released from active duty on 10 April 1968. His DD Form 214 shows in item 3 (SSN) the entry XXX-XX-XXX2 and item 9 (DOB) contains the entry 17 July 19XX.
4. His records also contain the following documents showing his DOB as 21 July 19XX:
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Forms 2962 (Security Termination Statement and Debriefing Certificate), dated 15 August 1967, and dated 10 April 1968
5. His records contain the following documents showing his SSN as XXX-XX-XXX2:
* Special Orders 101, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 10 April 1968, announcing his release from active duty.
* DA Form 20 (Enlisted Qualification Record)
6. The applicant provides an SSA printout, dated 20 May 2011, and his Social Security Card showing his SSN ending with the number "3."
7. He also provides a Certification of Birth, dated 28 May 2003, and his Michigan Driver's License showing his DOB as 21 July 19XX.
DISCUSSION AND CONCLUSIONS:
1. All documents in his record other than his DD Form 214 show his DOB as
21 July 19XX. Therefore, his DD Form 214 should be corrected to show this DOB.
2. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2." However, the applicant provides legal documents, which include an SSA printout, and Social Security Card to show his correct SSN ending with the number "3." He served using a service number, which is supported by his military record. There is no evidence supporting that he provided military personnel an incorrect SSN.
3. Furthermore, the SSN on the above documents contain one incorrect digit; therefore, it is reasonable to believe by a preponderance of the evidence that the SSN on his DD Form 214 is wrong as a result of an administrative error. Absent evidence to the contrary the SSN on his DD Form 214 should be corrected to show the SSN as it is listed on his Social Security Card.
4. In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:
* deleting the entry in item 3 and adding the SSN as it is listed on his Social Security Card
* deleting the entry in item 9 and adding the DOB as it is listed on his Certification 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) AR20110012905
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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