IN THE CASE OF:	  

		BOARD DATE:	  26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080012241 


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, in effect, correction of his military service records to show his correct date of birth (DOB) and Social Security Number (SSN).

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as 17 August 
19#9 and SSN as 2#7-96-3234; however, his DOB is 19 August 19#9 and SSN is 2#7-96-3436.

3.  The applicant provides copies of his DD Form 214 with an effective date of 13 December 1971; State of Florida Office of Vital Statistics Certificate of Birth, Birth Number 109-#9-036###, recorded 1 September 19#9; and Social Security Administration Social Security Card, issued 24 April 2008.

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 military personnel records contain an Armed Forces Fingerprint Card, dated 18 June 1969, that shows, in pertinent part, the applicant’s Service Number (SN) was recorded as "US 53 851 ###" and his SSN as "2#7 96 3234."

3.  The applicant’s military personnel records contain a DD Form 398 (Statement of Personal History), dated 18 June 1969.  Item 5 (Date of Birth) shows the applicant entered "8/17/#8" (i.e., 17 August 19#8).  Item 13 (Employment), Social Security Number, shows the applicant entered "2#7-96-3234."  This document also contains the statement "I certify that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith.  I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both (See U.S. Code, Title 18, section 1001)."  The DD Form 398 also shows that the applicant placed his signature on the document.

4.  The applicant’s military personnel records contain a DD Form 47 (Record of Induction), dated 18 June 1969.  Item 2 (Service Number) contains the entry "US53851###" and item 5 (Date of Birth) contains the entry "17 8 #9" (i.e., 17 August 19#9).

5.  The applicant's military personnel records contain a copy of Department of the Army, Armed Forces Examining and Entrance Station, Gunter Air Force Base, Montgomery, Alabama, Special Orders Number 117, dated 18 June 1969, that show, in pertinent part, the applicant was inducted into the Army of the United States for a period of 24 months on 18 June 1969.  The orders also show the applicant’s SN as "US53851###" and SSN as "2#7-96-3234."

6.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).  Item 1 (Name and Service Number), in pertinent part, shows the applicant’s SN as "US 53 851 ###" and SSN as "2#7-96-3234."  Item 6 (Date of Birth) contains the entry "17 Aug #8" (i.e., 17 August 19#8).  Item 47 (Signature of Individual) shows, in pertinent part, that the applicant reviewed the document on 23 June 1969 and he audited the document on 18 November 1969.

7.  The applicant's military personnel records contain a copy of his DD Form 214 that shows he was inducted and entered active duty on 18 June 1969, and was honorably discharged on 21 February 1970 to immediately reenlist in the Regular Army (RA).  Item 2 (Service Number) shows his SN as "US 53 851 ###"; item 3 (Social Security Number) shows his SSN as "2#7 96 3234" and item 9 (Date of Birth) shows his DOB as "17 Aug #8" (i.e., 17 August 19#8).  Item 32 (Signature of Person Being Transferred or Discharged) shows the document was authenticated by the applicant at the time of his separation.

8.  The applicant’s military personnel records contain a DD Form 4 (Enlistment Contract - Armed Forces of the United States).  This document shows that the applicant enlisted in the RA on 22 February 1970 for a period of 6 years.  Item 1 (Service Number) shows his SSN as "2#7 96 3234" and item 21 (Date of Birth) shows his DOB as "17 Aug #8" (i.e., 17 August 19#8).  Item 55 (I swear (or affirm) that the foregoing statements have been read to me, that my statements have been correctly recorded and are true in all respects and that I fully understand the conditions under which I am enlisting) and item 57 (Oath of Enlistment) show the document was authenticated by the applicant at the time of his enlistment in the RA.

9.  The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 22 February 1970 and was honorably retired on 13 December 1971 based on physical disability.  Item 2 shows his SN as "US 53 851 ###"; item 3 shows his SSN as "2#7 96 3234"; and item 9 shows his DOB as "17 Aug #9" (i.e., 17 August 19#9).  Item 32 shows the document was authenticated by the applicant at the time of his separation.

10.  The applicant's military personnel records contain a copy of a VA Form 
07-3101 (Veterans Administration - Request for Information), dated 3 March 
1972, that shows the VA Adjudication Officer requested verification of the applicant’s service prior to 22 February 1970.  Item 9A (All Service Numbers) contains the entry "US53 851 ###"; item 9B (Social Security Number) contains the entry "2#7 96 3234"; and item 10 (Date of Birth) contains the entry "8-17-#9" (i.e., 17 August 19#9).

11.  In support of his application, the applicant provides, in pertinent part, the following documents.

	a.  State of Florida, Office of Vital Statistics, Certificate of Birth, Birth Number 109-#9-036###, recorded 1 September 19#9, item 4 (Date of Birth) contains the entry "8 19 19#9" (i.e., 19 August 19#9).  However, it is noted that the numeral appearing in the section designated for the "Day" appears to have been traced over to appear as the numeral "9" and the numeral is not consistent in appearance with the numeral "9" that appears in the section designated for the "Year."

	b.  Social Security Administration, Social Security Card, issued 24 April 2008, that shows the applicant was issued SSN "2#7-96-3436."

12.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), effective 1 July 1969, announced the use of the SSN in lieu of military SNs.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

14.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 19 (Item 3 - Social Security Number) states, "transcribe Social Security Account Number from DA Form 2139 (Military Pay Voucher)" and, in pertinent part, paragraph 25 (Item 9 - Date of Birth) states, "self-explanatory."

15.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

16.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the DOB and SSN recorded in his military personnel records should be corrected to show his DOB is "19 August 
19#9" and his SSN is "2#7-96-3436."

2.  The evidence of record shows that upon entry and also throughout the entire period of his military service the applicant declared and affirmed that his SSN was "2#7-96-3234."  In this regard, the applicant’s SSN is consistently recorded in his military personnel records as "2#7-96-3234."  The evidence of record also shows that SSN "2#7-96-3436" was issued to the applicant by the Social Security Administration on 24 April 2008.  It is not known whether this a replacement issuance or new account.  Thus, it is concluded that the SSN recorded in the applicant’s military personnel records properly and correctly show the applicant’s assigned SSN during the period of his military service.  Therefore, the applicant is not entitled to correction of the SSN shown in his military records.

3.  The evidence of record shows that upon entry in the Army, the applicant indicated on a DD Form 398 that his DOB was "17 August 19#8."  Nonetheless, the evidence of record shows that the applicant’s induction records documented his DOB as "17 August 19#9."  While the applicant’s military personnel records contain several documents that show his DOB as "19 August 19#8," it is reasonable to conclude that this is related to, and as a result of, the DOB that the applicant entered on the DD Form 398.  In any event, the DOB recorded on the applicant’s DD Form 214 with an effective date of 13 December 1971 shows his DOB as "17 August 19#9."  It should be noted that, regardless of the year of birth (i.e., 19#8 or 19#9) shown in the applicant’s military personnel records, the date (i.e., 17 August) is consistently recorded in his military personnel records.  Thus, the applicant’s request to change his DOB to "19 August 19#9" is not supported by the evidence of record.  In addition, on his final day of active duty prior to his retirement, the applicant affirmed that his DOB is "17 August 19#9."  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant’s claim that his military personnel records should be corrected to show his DOB is "19 August 19#9."  

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  The evidence of record shows that the applicant's military personnel records consistently show his SSN as "2#7-96-3234" and the preponderance of evidence indicates that his DOB is "17 August 19#9."  Accordingly, considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and discharge document.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed, as the applicant requests.  Thus, there is no basis for granting the applicant's request to change his SSN and DOB in his military service records or discharge document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  Therefore, the applicant is not entitled to correction of his records in this instance.

5.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide such evidence.  Therefore, the applicant is not entitled to correction of his military personnel records in this case.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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.



      _________XXX_____________
                 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)                                         AR20080012241



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ABCMR Record of Proceedings (cont)                                         AR20080012241



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