IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022345 


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 (Certificate of Release or Discharge from Active Duty) to show:

* the last digit of his social security number (SSN) as “3” 
* his date of birth (DOB) as 11 Oxxxxxx xxxx.

2.  He states his DD Form 214 shows the last digit of his SSN as "9"; but it should be listed as "3."  His DD Form 214 also lists his DOB as 11 Jxxxxxx xxxx; but it should be listed as 11 Oxxxxxx xxxx.

3.  He provides his social security card, birth certificate, identification card, 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 enlisted in the Regular Army on 25 October 1985.  His DD Form 4 (Enlistment/Reenlistment Document) shows the last digit of his SSN as “9” and his DOB as 11 Oxxxxxx xxxx.

3.  A review of the documents in his service record consistently shows the last digit of his SSN as “9” and his DOB as 11 Oxxxxxx xxxx throughout his tenure of service.  

4.  He was honorably discharged on 6 June 1989.  His DD Form 214 lists the last digit of his SSN as “9” and his DOB as 11 Jxxxxxx xxxx.

5.  He provides the following documents:

* birth certificate with a DOB of 11 Oxxxxxx xxxx
* social security card with an SSN as xxx-xx-xxx3
* identification card with a DOB as 11 Oxxxxxx xxxx

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSN reflected on his DD Form 214 is incorrect is acknowledged.  However, the documents in his military personnel records consistently show the last digit of SSN as “9” throughout his tenure of service.  

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 have the requested SSN recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms his requested SSN will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military records and to satisfy his desire to have the requested SSN documented in his OMPF.

4.  The applicant’s contention that the DOB on his DD Form 214 is incorrect is acknowledged and supported by the evidence of record to include the birth certificate that he provided all show his DOB as 11 Oxxxxxx xxxx.  

5.  It appears that an administrative error occurred when his DOB was listed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 by listing his DOB as it is listed on his birth certificate.

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 amending item 5 (DOB) of his DD Form 214 to show the DOB as it is listed on his birth certificate.  











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 correcting his DD Form 214 to show the last digit of his SSN as “3.”



      _______ _   _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)                                         AR20110022345



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ABCMR Record of Proceedings (cont)                                         AR20110022345



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