IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110017608 


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 correct date of birth (DOB), social security number (SSN), and place of birth.

2.  The applicant states:

* his DOB should reflect "9 May 1947",
* his SSN should reflect XXX-6X-XXX2" instead of XXX-5X-XXX0"
* his place of birth should show "LA FERIA, TEXAS" instead of "LA FORIO, TEXAS"

3.  The applicant provides a copy of his social security card, birth certificate, and 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's military records includes a DD Form 47 (Enlistment/Reenlistment Document – Armed Forces of the United States) prepared during the enlistment process.  Item 5 (Date of Birth) lists the DOB as 
5 May 1947.

3.  Armed Forces Examining and Entrance Station, Special Orders Number 218 dated 8 November 1967, shows the applicant was inducted into the Army of the United States for two years.  It lists the SSN that he claims is correct.

4.  A DA Form 41 (Record of Emergency Data) prepared on 8 November 1967, lists the SSN and place of birth that the applicant claims is correct.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared at the time of his entry on active duty contains SSN listed on the entrance order and DA Form 41.  It also list the date and place of birth that the applicant's now claims are incorrect.

6.  On 13 June 1969, the applicant was honorably released from active duty, having completed 1 year, 7 months and 6 days of creditable active duty service.  His DD Form 214 includes the following entries:

* item 3 (SSN) - "XXX-5X-XXX0"
* item 8 (Place of Birth/City and State or Country) - "LA FORIO TEXAS"
* item 9 (DOB) - "5 May 1947"

7.  All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the DOB as those entered on his DD Form 41 and DA Form 20.

8.  The SSN listed on the applicant's DD Form 214 is different from the SSN listed on his DA Form 20, his entrance order, and all other documents contained in his MPRJ.  Multiple documents in the applicant's record list different spellings of his city of birth, while other documents list the spelling that he claims is correct.


9.  The applicant provides a copy of a social security card and birth certificate that lists the SSN, DOB, and place of birth that he now states are correct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DOB, SSN, and place of birth, as currently shown in his DD Form 214 should be corrected.

2.  The evidence of record clearly shows the SSN listed on the applicant's
DD Form 214 is different from the SSN listed on his entrance order, DA Form 20, and all documents maintained in his MPRJ.  The Social Security Administration further confirms his SSN is "XXX-6X-XXX2."  As a result, it would be appropriate to correct his DD Form 214 accordingly.

3.  The evidence of record also shows the city in which the applicant was born is listed differently throughout his MPRJ.  The spelling listed on his DA Form 41, prepared upon his entry on active duty coincides with spelling on his birth certificate and what the applicant's claim is correct.  Further, this is the correct spelling as found in the dictionary.  Accordingly, item 8 of the DD Form 214 should be corrected to show "LA FERIA" at this time.

4.  With respect to the applicant's DOB.  The available evidence confirms the applicant entered, served in, and was separated from the Army using the DOB of "5 May 1947."  This DOB is listed on all of the documents contained in his MPRJ. There are no documents in his available records that show his DOB as "9 May 1947."

5.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Absent any evidence to show the applicant attempted to correct his DOB at any time during his active duty service or at the time of separation, there is an insufficient evidentiary basis to support changing the DOB listed in the applicant's OMPF at this time.


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:

   a. amending his DD Form 214 to show in:
   
* item 3 - SSN as shown on his social security card
* item 8 - "LA FERIA"
   
   b.  by and issuing him a correction to his DD Form 214 that includes these changes.

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 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)                                         AR20110017608





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ABCMR Record of Proceedings (cont)                                         AR20110017608



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