IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018366
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) as indicated on his Social Security card and his date of birth (DOB) as shown on his birth certificate.
2. The applicant states the SSN and DOB shown on his DD Form 214 are not reflective of what was given to him at birth.
3. The applicant provides copies of his DD Form 214, Certificate of Birth issued on 24 March 2006, and his 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 DD Form 47 (Record of Induction), dated 7 April 1964, shows his SSN as that shown on his Social Security card. His DOB is shown as 18 March 1944. The applicant was inducted into the Army of the United States on 24 August 1965.
3. His DA Form 20 (Enlisted Qualification Record) reviewed by him on 28 August 1965 records the same SSN as shown on his Social Security card. It also shows the same DOB as recorded on his DD Form 47.
4. His DA Form 41 (Record of Emergency Data), dated 31 May 1968, shows the same SSN as indicated on his Social Security card. It also records the same DOB as shown on his DD Form 47 and DA Form 20.
5. On 11 October 1968, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve to complete his service obligation. He was issued a DD Form 214 showing an SSN different from that shown on his Social Security card. His DOB is shown as 11 March 1944, different from that shown on the documents discussed above.
6. The birth certificate by the applicant records his DOB as 18 March 1944.
7. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in item 3 (SSN) of the DD Form 214 and the DOB to be entered in item 9 (DOB).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his Social Security card and his DOB as shown on his birth certificate.
2. The evidence of record clearly shows the applicant was inducted into the Army, served, and was REFRAD, all while using the SSN as shown on his Social Security card. However, the SSN entered on his DD Form 214 differs from the SSN used throughout his service. Therefore, his DD Form 214 should be corrected to show his SSN as indicated on his Social Security card.
3. The evidence of record clearly shows the applicant's DOB was recorded as 18 March 1944 at the time of his entry into the Army. Furthermore, this date agrees with the date shown on the birth certificate provided by the applicant. However, his DD Form 214 was issued with a different DOB. Therefore, his DD Form 214 should be corrected to reflect his DOB of 18 March 1944.
4. 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.
5. In view of the above, the applicant's request should be granted.
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 showing the same SSN as indicated on his Social Security card in item 3 of his DD Form 214 and the DOB of 18 March 1944 in item 9 of his 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) AR20110018366
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ABCMR Record of Proceedings (cont) AR20110018366
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