IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110017689
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 in:
* Item 33 (Social Security Number) the fourth digit as "4"
* Item 6 (Date of Birth (DOB) as 22 vice 23 August
* Item 21 (Home of Record (HOR)) at Time of Entry into Active Service) 10009 Carolynne Drive
2. The applicant states, in effect, that typing errors on the original document need correcting.
3. The applicant provides a copy of his 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 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 enlisted in the Regular Army on 25 August 1964. At that time, Soldiers were issued military service numbers for identification purposes.
3. The applicant's record contains the following documents which show the same SSN and DOB he claims are correct:
* DD Form 398 (Statement of Personal History), dated 4 September 1964
* DD Form 4 (Enlistment Record), dated 25 August 1964 (shows DOB only)
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 16 February 1945 (shows DOB only)
* DA Form 20 (Enlisted Qualification Record) (shows DOB only)
* DA Forms 2349 (Military Pay Voucher) for the period September 1967 - April 1968 (shows SSN only)
4. His SSN and DOB do not appear on any other documents in his records.
5. His DD Form 398 shows in item 15 (List All Residences from 1 January 1937) Carolynne Drive.
6. On 20 May 1965, he was honorably released from active duty as a specialist five/E-5. His DD Form 214 shows in:
* Item 3 an SSN with the fourth digit of "6"
* Item 9 a DOB of 23 August
* item 21 a HOR address of 10009 Carolyme
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he enlisted in the Regular Army on 25 August 1964, and he used an SSN with the fourth digit of "4" and DOB of 22 August on allied enlistment documents. His SSN and DOB he contends are correct appear on some documents in his personnel records. It can be presumed the SSN and entries on his DD Form 214 were incorrect as a result of clerical error; therefore, he is entitled to the requested relief.
2. The applicant further contends his HOR address upon separation should be corrected to show 10009 Carolynne Drive. The evidence of record shows his HOR address upon enlistment was 10009 Carolynne Drive. His DD Form 214 should be corrected.
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 deleting the entries in items 3, 9 and 21of his DD Form 214, and replacing them with:
Item 3 - the SSN as shown in his DA Form 2349
Item 9 - DOB 22 August 1945
Item 21 - 10009 Carolynne Drive [city and state]
___________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) AR20100016576
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