IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20120000349 


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 "x4x-xx-xxxx" instead of "x9x-xx-xxxx"
* date of birth (DOB) as "14 July 1947" instead of "15 July 1947"

2.  The applicant states his real DOB is 14 July 1947 and all of his personal documents, such as his social security card, passport, and driver's license have been so corrected.  He further states his SSN on his DD Form 214 is a typographical error.

3.  The applicant provides:

* His DD Form 214
* His Certificate of Birth
* His Social Security card
* A letter from the Social Security Administration (SSA)
* A DA Form 3027 (U.S. Army Request for National Agency Check)
* Special Orders Number 39, issued by Headquarters, 7th Infantry Division, dated 8 February 1968
* Letter Orders Number 07-1286103, issued by the U.S. Army Reserve Components Personnel and Administration Center, date 26 July 1972


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.  In conjunction with the applicant's induction into the Army of the United States (AUS), he completed a DD Form 398 (Statement of Personal History), dated 17 August 1966, wherein he listed his DOB as "15 July 1947."  However, the block for his SSN is blank.  He authenticated this form by placing his signature in the appropriate block.

3.  He was inducted into the AUS on 19 August 1966 and he held military occupational specialty 11B (light weapons infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "x4x-xx-xxxx" and his DOB as "15 July 1947."  He last audited this form on 19 April 1968.

5.  A DA Form 3027, dated 25 August 1966, shows his SSN as "x4x-xx-xxxx" and his DOB as "15 July 1947."

6.  His record contains several personnel, finance, medical, and legal documents including several award and assignment orders that show his SSN as
"x4x-xx-xxxx" and his DOB as "15 July 1947."

7.  On 7 August 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 19 days of total active service.

8.  His DD Form 214 shows his SSN as "x9x-xx-xxxx" and his DOB as "15 July 1947."


9.  The applicant provides a Certificate of Birth, dated 17 July 1947, that shows an individual with the same full name as the applicant was born on "14 July 1947."

10.  He also provides a Social Security card and a letter from the SSA, dated
7 December 2011, that shows an individual with the same full name as the applicant with an SSN of "x4x-xx-xxxx" and a DOB of "14 July 1947."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN was listed as "x4x-xx-xxxx" upon his entry on active duty.  This is the SSN he used throughout his military service.  It appears that during the preparation of his SSN was entered as
"x9x-xx-xxxx" as a result of an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct SSN.

2.  With respect to the DOB:

	a.  The applicant listed his DOB as "15 July 1947" upon his induction into the AUS and this is the DOB that he used throughout his military service.  He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB.

	b.  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 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.  

	c.  The applicant is advised that a copy of this decisional document, which confirms his correct DOB, 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 DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.

	d.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X__ _  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting from his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his Social Security card.

2.  The Board further determined 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 his DOB as "14 July 1947."



      __________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)                                         AR20120000349



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ABCMR Record of Proceedings (cont)                                         AR20120000349



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