IN THE CASE OF

		BOARD DATE:	20 March 2012  

		DOCKET NUMBER:  AR20110019061 


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 XXX-XX-XXX3 vice XXX-XX-XXX4
* His date of birth (DOB) as 30 Dxxxxxxx 19xx vice 31 Dxxxxxxx 19xx

2.  The applicant states his SSN and his DOB on his DD Form 214 are wrong by one digit each due to a typing error.  However, his medical records are correct.

3.  The applicant provides no additional evidence.

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 records show he enlisted in the Regular Army (RA) on 17 August 1970 and he held military occupational specialty 35L (Avionic Communications Equipment Repairer).  His DD Form 4 (Enlistment Contract – Armed Forces of the Unites States), dated 17 August 1970, shows his SSN as XXX-XX-XXX4 and DOB as 31 Dxxxxxxx 19xx.  He authenticated this form by placing his signature in the appropriate block.

3.  In conjunction with his enlistment in the RA, the applicant completed a DD Form 398 (Statement of Personal History), undated, wherein he listed his DOB as 31 Dxxxxxxx 19xx.  His SSN is not shown on this form.  He authenticated this form by placing his signature in the appropriate block.

4.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his SSN as XXX-XX-XXX4 and DOB as 31 Dxxxxxxx 19xx.  He authenticated this form by placing his signature in the appropriate block on 21 August 1970 and reviewing the form at a later date.  

5.  A DD Form 1584 (National Agency Check Request), dated 21 August 1970, shows his SSN as XXX-XX-XXX4 and DOB as 31 Dxxxxxxx 19xx.

6.  A DA Form 428 (Application for Identification Card), dated 21 August 1970, shows his SSN as XXX-XX-XXX4.  He authenticated this form by placing his signature in the appropriate block.

7.  His record contains numerous personnel, finance, and legal documents including assignment orders, and Record of Proceedings Under Article 15, (Uniform Code of Military Justice (UCMJ)) that show his SSN as XXX-XX-XXX4 and/or DOB as 31 Dxxxxxxx 19xx.

8.  His medical records are not available for review with this case.

9.  The applicant completed a DA Form 3082 (Statement of Medical Condition) on 21 May 1973 wherein he indicated there was no change in his medical condition and he listed his SSN as XXX-XX-XXX3.

10.  On 21 May 1973, he was honorably released from active duty and he was transferred to the U.S. Army Reserve.  He completed 2 years, 9 months, and 2 days of total active service.

11.  Item 3 (SSN) of the DD Form 214 he was issued contains the entry "XXX-XX-XXX4."  Item 9 (DOB) of this form contains the entry "31 Dxxxxxxx 19xx."  He authenticated this form by placing his signature in the appropriate block.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN and DOB were listed as "XXX-XX-XXX4" and "31 Dxxxxxxx 19xx" upon enlistment in the RA.  This SSN and DOB are consistent with the SSN and DOB shown on various documents throughout his period of service.  He authenticated many documents by placing his signature in the appropriate place indicating his SSN and/or DOB were correct.  

2.  He did not use the DOB or SSN that he now claims during his period of military service.  Although he listed his SSN as XXX-XX-XXX3 on one form he completed on the date he was released from active duty, he also signed his DD Form 214 on that date wherein his SSN was shown as XXX-XX-XXX4.

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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed and there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4   Therefore, there is an insufficient evidentiary basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20110019061



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ABCMR Record of Proceedings (cont)                                         AR20110019061



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