IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120005521
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 the date of birth (DOB) and Social Security Number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DOB is 10 March XXXX and his SSN is correctly listed on the Social Security Administration (SSA) Print-Out he provides.
3. The applicant provides an SSA Print-Out and a copy of his birth certificate in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he enlisted in the Regular Army on 18 August 1972. The DD Form 4 (Enlistment Contract-Armed Forces of the United States) prepared to document his enlistment lists his DOB and SSN as it is listed on his DD Form 214 which he now claims is incorrect. The record also contains a DD Form 398 (Statement of Personal History) and DD Form 1584 (National Agency Check) which were completed during his enlistment processing and entry on active duty, dated 15 August and 23 August 1972, respectively. Both documents also list his DOB and SSN as it is listed on his DD Form 214.
3. The applicant's DA Form 20 (Enlisted Qualification Record), dated 24 August 1972, also lists his DOB and SSN as they are listed on his DD Form 214 which he now claims is incorrect. All orders and other documents on file in the applicants Military Personnel Records Jacket (MPRJ) that contain a DOB and/or SSN list those that are listed on his DA Form 20.
4. On 23 October 1973, the applicant was honorably released from active duty. His DD Form 214 lists his SSN in item 3 (SSN) and his DOB in item 9 (DOB) as it is listed on his enlistment documents and his DA Form 20.
5. The applicant provides an SSA Print-Out and a copy of his birth certificate that lists a different SSN and DOB than those listed in his military records.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN and DOB listed on his DD Form 214 has been carefully considered. However, there is insufficient information to support his request.
2. The evidence of record confirms the applicant entered, served, and was released from active duty under the SSN and DOB he now claims is incorrect. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN and DOB listed in the applicant's military records should not be changed at this time.
4. This Record of Proceedings will be filed in his Army Military Human Resource Record to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN and DOB under which he performed his military service and the SSN and DOB he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
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) AR20120005521
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