IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20120000200
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 State Report of Transfer or Discharge) to show his:
* social security number (SSN) as "xx7-xx-xxxx" instead of "xx6-xx-xxxx"
* date of birth (DOB) as 14 October 1945 instead of 24 October 1945
2. The applicant states his DD Form 214 shows an incorrect SSN and DOB.
3. The applicant provides:
* DD Form 214
* Medicare Health Insurance Card
* Medicare Supplemental Verification Plans card
* State Driver License
* Social Security Card
* Letter from the North Carolina Department of Administration
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 applicants records show he was inducted into the Army of the United States on 31 January 1966. His DD Form 47 (Record of Induction) did not list his SSN; however, it listed his DOB as 14 October 1945.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "xx7-xx-xxxx" and his DOB as 14 October 1945. He reviewed this form and also authenticated it by placing his signature in the appropriate block.
4. He completed a DA Form 41 (Record of Emergency Data) on 31 January 1966. He listed his DOB as 14 October 1945 and his SSN as "xx7-xx-xxxx." He authenticated this form with his signature.
5. He was honorably released from active duty on 9 January 1968. His DD Form 214, item 3 (SSN), shows "xx6-xx-xxxx" and item 9 (DOB) shows 24 October 1945.
6. He submitted the following documents that show an individual with the same name as the applicant with an SSN of "xx7-xx-xxxx" and/or a DOB of 14 October 1945.
* Medicare Health Insurance Card
* Medicare Supplemental Verification Plans card
* State Driver License
* Social Security Card
* Letter from the North Carolina Department of Administration
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his induction and entry on active duty the applicant listed his SSN as "xx7-xx-xxxx" and his DOB as 14 October 1945. The SSN and DOB he listed at that time are consistent with the SSN and DOB shown on several documents throughout his service. He authenticated some of these documents by placing his signature in the appropriate blocks indicating the number or date on each form was correct.
2. It appears when his DD Form 214 was processed it inadvertently listed an incorrect SSN as well as an incorrect DOB. 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. As such, he is entitled to correction of his DD Form 214 to show the correct DOB and correct SSN.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting from item 3 the entry "xx6-xx-xxxx and adding the entry "xx7-xx-xxxx" and deleting from item 6 the entry "24 Oct 1945" and adding the entry "14 Oct 1945."
_______ _ _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) AR20120000200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120000200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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