IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002163 


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:

* the eighth digit of his social security number (SSN) as "6" instead of "1"
* his date of birth (DOB) as 24 May 1943 instead of 13 May 1944

2.  He states he has attached documents which show proof of the incorrect SSN and his birth certificate.

3.  He provides his:

* DD Form 214
* Birth certificate
* Two letters from the Social Security Administration (SSA) 
* Social security card

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 was inducted into the Army of the United States on 1 March 1966.  His DD Form 47 (Record of Induction) and pre-inductee Standard Form 88 (Report of Medical Examination) indicate his DOB as 13 May 1944.

3.  Documents contained in the applicant's military personnel records show the eighth digit of his SSN as “6."  

* DD Form 398 (Statement of Personal history)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 20, dated 20 January 1968
* Special Orders Number 40, dated 9 February 1968
* FD Form 0459 (Separation Worksheet)

4.  A review of the documents in his service record consistently shows his DOB as 13 May 1944 throughout his tenure of service.  His service record does not contain any documents that show his DOB as 24 May 1943.

5.  He was released from active duty on 10 February 1968.  His DD Form 214 shows the eighth digit of his SSN as "1" and his DOB as 13 May 1944.

6.  He provided the following documents:

* birth certificate, showing his DOB as 24 May 1943
* letter, dated 5 November 2010, from the SSA, his claim number (SSN) showing the eighth digit as "6"
* letter from the SSA, Department of Health, Education, and Welfare, showing the eighth digit of his SSN as "6"
* social security card, showing the eighth digit of his SSN as "6"

7.  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 contends he has provided proof that the SSN and DOB reflected on his DD Form 214 are incorrect.  

2.  The applicant was inducted into the Army of the United States on 1 March 1966.  At that time, a military service number was issued for the purpose of identification.  However, his military personnel record contains documents which show the eighth digit of his SSN as "6."

3.  The social security card provided by the applicant confirms the eighth digit of his SSN as "6."  Therefore, his DD Form 214 should be corrected to show his SSN as shown on his social security card.

4.  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 DOB 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.

5.  Although the applicant's birth certificate shows his DOB as 24 May 1943.  The documents in his military personnel records consistently show his DOB as 13 May 1944 throughout his tenure of service.  

6.  The applicant is advised that a copy of this decisional document which confirms his requested 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 records and to satisfy his desire to have the requested DOB documented in his OMPF.

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 3 on his DD Form 214 to reflect his SSN as shown on his social security card.  

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 amending his DD Form 214 to show his DOB as 24 May 1943.  




      __________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)                                         AR20120002163





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ABCMR Record of Proceedings (cont)                                         AR20120002163



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