IN THE CASE OF:  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110022289


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 Social Security Number (SSN) as xxx-xx-3xxx and his date of birth (DOB) as
31 January 1960.

2.  The applicant states his DD Form 214 shows his SSN as xxx-xx-6xxx and his DOB as 31 January 1959.  He further states he is having problems with his benefits and other records because of the errors on his DD Form 214.

3.  The applicant provides his:

* Social Security card issued on 15 September 2011
* 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 Indiana Army National Guard (INARNG) on
31 May 1978 for a period of 6 years.  The DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) he executed on his date of enlistment shows his SSN as xxx-xx-6xxx and his DOB as 31 January 1959.  On 2 November 1978, the applicant was ordered to active duty for training

3.  The applicant's Official Military Personnel File (OMPF) contains:

	a.  a DD Form 93 (Record of Emergency Date), dated 1 November 1978, that shows his SSN as xxx-xx-6xxx.  This form does not contain a DOB entry.

	b.  a DA Form 2-1 (Personnel Qualification Record – Part II), prepared on
6 November 1978, that shows his SSN as xxx-xx-6xxx.  This form does not contain a DOB entry.  He last reviewed this form on 31 July 1979.

	c.  a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 12 December 1978, that shows his SSN as xxx-xx-6xxx and DOB as
31 January 1960.

4.  On 18 July 1979, he was honorably released from active duty for training as a private (PV2)/E-2.  The DD Form 214 he was issued at the time shows in:

* Item 3 (SSN) the entry xxx-xx-6x7x
* Item 4 (DOB) the entry "59  01  31" (31 January 1959)

5.  There are no available records showing the applicant ever used SSN
xxx-xx-3xxx at any time during his service.  The only other document in his record containing an SSN is his DD Form 214 that shows his SSN as
xxx-xx-6x7x.  The "7" is lined through and replaced with a "9."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs 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.  Records show the SSN of xxx-xx-6xxx was consistently used during the applicant's military service, except for his DD Form 214 that shows his SSN as xxx-xx-6x7x with the "7" lined through and replaced with a "9."  Although the applicant provides a Social Security card issued on 15 September 2011 that shows an SSN of xxx-xx-3xxx, there is no evidence he ever used this SSN during his period of service.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  Records also show he enlisted under the DOB of 31 January 1959 and all but one document in his records reflects the same.  There is no evidence of record and the applicant did not provide any evidence confirming his correct DOB.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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.  While it is understandable the applicant desires to now record his correct SSN and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN and DOB in his military record and to satisfy his desire to have his requested SSN and DOB documented in his OMPF.

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 that 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20110022289



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