IN THE CASE OF:	  

		BOARD DATE:  14 August 2012

		DOCKET NUMBER:  AR20120001378 


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) for the period ending 29 October 1979 to show his:

* social security number (SSN) as "yyy-yy-2543" (a completely different number) instead of "xxx-xx-2421"
* date of birth (DOB) as "25 March xxxx" instead of "25 May xxxx"

2.  The applicant states in his first graduation to enter the Army, he noticed the error and brought it up to the attention of his sergeants.  He was told the Army does not make mistakes and that he (one of the sergeants) would take care of it. 

3.  The applicant provides:

* DD Form 214
* State birth card
* Social security card
* Photograph

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 records show he enlisted in the New Jersey Army National Guard (NJARNG) on 26 September 1977.  Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) listed his SSN as "xxx-xx-2421" and item 7 (DOB) shows "25 May xxxx."  All allied documents also listed the same SSN and DOB.  He authenticated this form by placing his signature, as required, in the appropriate blocks.

3.  He entered active duty for training (ADT) on 3 March 1978 and was awarded military occupational specialty 12B (Combat Engineer).  

4.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-xx-2421," but did not list his DOB. He reviewed this form and also authenticated it by placing his signature in the appropriate block.

5.  He was honorably released from ADT to the control of the NJARNG on 3 March 1978.  The DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his SSN in item 3 (SSN) as "xxx-xx-2421" and his DOB in item 4 (DOB) as "25 May xxxx." 

6.  He was ordered to active duty on 3 August 1979 and served with the 84th Engineer Company in Germany.  

7.  He completed various forms during this period of active duty, including the below documents.  In each case, he indicated his SSN was "xxx-xx-2421" and his DOB was "25 May xxxx":

* Servicemen's Group Life Insurance Certificate
* Record of Emergency Data
* Application for Identification Card
* Police Record Check
* Record of Proceedings Under Article 15
* Installation Clearance Record
* Various medical records
* Separation packet
8.  He was discharged under chapter 13 of Army Regulation 635-200 (Personnel Separations) on 29 October 1979.  His DD Form 214, item 3 (SSN), shows "xxx-xx-2421" and item 5 (DOB) shows "25 May xxxx."  He authenticated this form by placing his signature in item 29 (Signature of Person Being Separated). 

9.  He submitted a social security card that shows an individual with the same name as the applicant with a SSN of "yyy-yy-2543" and a state birth card that also shows an individual with the same name as the applicant with a DOB of "25 March xxxx."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his initial enlistment in the NJARNG and entry on active duty the applicant listed his SSN as "xxx-xx-2421" and his DOB as "25 May xxxx."  The SSN and DOB he listed at that time are consistent with the SSN and DOB shown on his first DD Form 214 for the period ending 3 March 1978.  

2.  Additionally, he was ordered to active duty on 3 August 1979 and completed several documents throughout this period of service.  He authenticated several documents by placing his signature in the appropriate blocks indicating the number or date on each form was correct.  He did not use the SSN or DOB that he now claims is correct during his period of military service. 

3.  It is unclear why the applicant now has a different SSN and 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.  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 a new DOB and SSN 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.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, are correct.  Therefore, there is insufficient evidence to grant him relief in this case.





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)                                         AR20120001378



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ABCMR Record of Proceedings (cont)                                         AR20120001378



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