Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120005521
Original file (20120005521.txt) Auto-classification: Denied

		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 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 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005521



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120010775

    Original file (20120010775.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Therefore, the SSN listed in the applicant's military records should not be changed at this time. ABCMR Record of Proceedings (cont) AR20120010775 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010775 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2011 | 20110004461

    Original file (20110004461.txt) Auto-classification: Denied

    The applicant requests the Social Security Number (SSN) and name recorded in his military records and on his DD Form 214 (Report of Separation from Active Duty) be corrected. The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared upon entry on active duty on 8 October 1971 lists his first and middle names as he now claims are incorrect and the SSN that he now claims is incorrect in item 1 (Name and Service Number). The applicant's request that his military records...

  • ARMY | BCMR | CY2011 | 20110022124

    Original file (20110022124.txt) Auto-classification: Denied

    The applicant requests correction of the Social Security Number (SSN) listed in his military service record and DD Form 214 (Report of Separation from Active Duty). All documents and orders contained in the applicant’s Military Personnel Records Jacket, other than his initial DD Form 4, that contain an SSN list the one he now claims is incorrect. However, it is clear the applicant's active duty service was performed under the SSN recorded in his military records that he now claims was in error.

  • ARMY | BCMR | CY2011 | 20110017608

    Original file (20110017608.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB), social security number (SSN), and place of birth. All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the DOB as those entered on his DD Form 41 and DA Form 20. The evidence of record...

  • ARMY | BCMR | CY2011 | 20110012905

    Original file (20110012905.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * social security number (SSN) ends with the number "3" instead of "2" * date of birth (DOB) is 21 July 19XX instead of 17 July 19XX 2. All documents in his record other than his DD Form 214 show his DOB as 21 July 19XX. The orders releasing the applicant from active duty, a DA Form 20, and his DD Form 214 show an SSN ending with the number "2."

  • ARMY | BCMR | CY2009 | 20090016573

    Original file (20090016573.txt) Auto-classification: Denied

    The applicant's records contain another copy of his DD Form 4 prepared for his 1 November 1972 enlistment that has a pen and ink correction to his SSN, correcting it to the SSN he now claims is correct. The record also contains a DD Form 214, dated 2 April 1976, listing the SSN he now claims is correct in item 3; however, this document is unsigned by the applicant and/or by an authorized official. ABCMR Record of Proceedings (cont) AR20090016573 3 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2011 | 20110020423

    Original file (20110020423.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the Social Security Number (SSN) documented in her military records and on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's DA Form 2-1 (Personnel Qualification Record) prepared upon her entry on active duty lists the SSN the applicant claims is incorrect in item 2 (SSN).

  • ARMY | BCMR | CY2011 | 20110007926

    Original file (20110007926.txt) Auto-classification: Approved

    Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN using the number "5" as the first digit. The evidence of record confirms the applicant listed his correct SSN on the DD Form 398 he prepared during his induction processing and that all other official documents in his record with an SSN bear the same number that he claims is correct. _______ _X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...

  • ARMY | BCMR | CY2010 | 20100013219

    Original file (20100013219.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100013219 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The middle name, SSN, and DOB listed on the social security card and/or birth certificate are different from the name, SSN, and DOB shown throughout the applicant's military records. The middle name, SSN, and DOB shown on the social security card and/or birth certificate are not consistent with the middle name, SSN, and DOB entered on the applicant's DD Form 4, DA...

  • ARMY | BCMR | CY2012 | 20120002163

    Original file (20120002163.txt) Auto-classification: Approved

    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. Documents contained in the applicant's military personnel records show the eighth digit of his SSN as “6." His service record does not contain any documents that show his DOB as 24 May 1943.