IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003251 


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 social security number (SSN) and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his SSN and DOB are incorrect on his DD Form 214.  His SSN is XXX-XX-5787 and his DOB is 21 March 1948.

3.  The applicant provides a copy of his DD Form 214.

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 records show he was inducted into the Army of the United States on 4 January 1968.  At the time of his induction, he was assigned and identified by a service number which began with the prefix "US" for United States.

3.  His record contains:

	a.  a DD Form 398 (Statement of Personal History), dated 1 January 1968, that does not indicate an SSN and shows his DOB as 21 March 1948;

	b.  a DD Form 47 (Record of Induction) that does not indicate an SSN and shows his DOB as 21 March 1948;

	c.  Special Orders Number 3, dated 4 January 1968, that show his SSN as XXX-XX-5787;

	d.  a DA Form 41 (Record of Emergency Data), dated 11 September 1969, that shows his SSN as XXX-XX-5787 and his DOB as 21 March 1948; and

	e.  a DA Form 20 (Enlisted Qualification Record), dated 15 September 1969, that shows his SSN as XXX-XX-8940 and his DOB as 21 March 1948.

4.  He was honorably released from active duty on 19 December 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows his SSN as XXX-XX-8940 and his DOB as 21 May 1948.

5.  The applicant's record contains induction, promotion, and award documents that list the applicant and another individual having the same last name.  The SSN shown on the applicant's DA Form 20 and DD Form 214 is listed as the applicant's and the SSN the applicant claims is his correct SSN is listed for the other individual on those documents.

6.  The applicant was honorably discharged from the USAR on 1 January 1971.  His discharge orders show his SSN as XXX-XX-5787, the same SSN as that listed on the majority of the documents contained in his records and the DA Form 41.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for preparation of the DD Form 214.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN and DOB with the SSN and DOB of record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows his assigned military service number was used as his primary identification number at the time of his induction into the Army.  However, it appears at the time of his induction documents contained in the applicant's record show another individual with the same last name was identified with the applicant's SSN and vice versa.

2.  The majority of the documents contained in the applicant's military personnel record, where only the applicant's name is listed, show the same SSN as that shown on his DA Form 41, the same SSN he claims is his correct SSN.  These documents are accepted as evidence sufficient to correct his DD Form 214 to show his SSN as XXX-XX-5787.

3.  The evidence of record also shows the month of his birth listed on his DD Form 214 appears to be a typographical error.  His military personnel record confirms the month of his birth is March.  Therefore, his DD Form 214 should be corrected to show his DOB as 21 March 1948.

4.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the current SSN entry from the applicant's DD Form 214 and replacing it with the SSN as shown on his DA Form 41 and


	b.  deleting the current DOB entry from his DD Form 214 and replacing it with the entry "21 March 1948."



      ____________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)                                         AR20120003251



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ABCMR Record of Proceedings (cont)                                         AR20120003251



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