IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006589
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 the DOB and SSN listed on his DD Form 214 are in error.
3. The applicant provides a copy of his birth certificate and his social security card 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 was inducted into the Army of the United States on 1 April 1968. The DD Form 47 (Record of Induction) prepared during his induction processing does not list his SSN. The service number was the primary identification number used by the Army at the time. The DOB listed on his DD Form 47 is 16 March.
3. The applicant's record contains a DD Form 398 (Statement of Personal History) and a DD Form 1584 (National Agency Check) which were completed during his induction processing, dated 25 March and 10 April 1968, respectively. Both documents list his SSN as XXX-3X-XXXX and his DOB as 16 March.
4. The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 5 April 1968 upon his entry on active duty lists his SSN as XXX-3X-XXXX and his DOB as 16 March.
5. The DD Form 214 issued to the applicant upon his release from active duty on 26 November 1968 lists his SSN as XXX-0X-XXXX and his DOB as 16 April 1968. This entry was Xd out, the correct DOB entered, and was initialed by the applicant.
6. The applicant provides a copy of his birth certificate that lists his DOB as 16 March and a social security card that lists his SSN as XXX-3X-XXXX.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the DOB and SSN shown on his DD Form 214 has been carefully considered and is found to have merit.
2. The evidence of record confirms the applicant provided his correct SSN at the time of his enlistment entry on active duty as evidenced by the DD Form 398 and DD Form 1584 completed during his induction processing and on the DA Form 20 prepared upon his entry on active duty. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
3. Although the applicants DD Form 214 was corrected to show his correct DOB, the manner of correction was not authorized. Therefore, it would be appropriate to amend it correctly at this time.
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 amending his DD Form 214 by deleting the current SSN and DOB and replacing them with the DOB and SSN shown on his DA Form 20 and the birth certificate and social security card provided by the applicant.
__________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) AR20120006589
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006589
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011368
ARMY | BCMR | CY2015 | 20150002233
In connection with his induction into the Army of the United States (AUS), the FSM completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 25 July 1946. His DD Form 47 (Record of Induction) listed his DOB as 24 July 1946 and his Service Number. The evidence of record shows upon his induction into the AUS, the FSM disclosed his DOB as 25 July 1946.
ARMY | BCMR | CY2011 | 20110011607
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) as xxx-8x-xxxx. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same number as on his REFRAD orders. ____________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.
ARMY | BCMR | CY2014 | 20140013617
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) as "XXX-X8-XXXX" instead of "XXX-X0-XXXX." Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X0-XXXX." The evidence of record shows he was inducted into the Army of the United States on 21 March 1968, and at the time of his induction his SSN was represented as "XXX-X8-XXXX."
ARMY | BCMR | CY2013 | 20130007491
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 398 (Statement of Personal History), completed at the time of his enlistment processing, lists his DOB as 2 October 1949. The applicant's SSN and DOB appear as he requests on his DD Form 398 and SF 88 completed at the time of enlistment.
ARMY | BCMR | CY2014 | 20140017619
His record also contains a DA Form 41 (Record of Emergency), dated 10 January 1969, that shows the SSN listed on the DD Form 398. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly. _______ _ __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.
ARMY | BCMR | CY2013 | 20130002917
The applicant states, in effect, his award of the BSM is omitted from his DD Form 214 and his SSN should be corrected to show xxx-3x-xxxx instead of xxx-8x-xxxx. The applicants Military Personnel Records Jacket (MPRJ) contains the following documents that show his SSN as xxx-3x-xxxx: * DD Form 398 (Statement of Personal History), prepared on 17 August 1967 * DD Form 1584 (National Agency Check Request), dated 25 September 1967 * DA Form 41 (Record of Emergency Data), dated 1 May 1968 *...
ARMY | BCMR | CY2009 | 20090021529
The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.
ARMY | BCMR | CY2013 | 20130018973
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. When the applicant entered active duty, Soldiers were identified by an ASN. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
ARMY | BCMR | CY2012 | 20120021813
His DD Form 47 (Record of Induction) shows his service number as "USXXXXXX15" and his DD Form 398 (Statement of Personal History) shows his SSN as "XXX-3X-XXXX." He provided GO Number 696, issued by Headquarters, U.S. Army Support Command, Saigon, on 27 July 1968, which awarded him the Army Commendation Medal for the period August 1967 through July 1968 and listed his: * service number listed as "USXXXXXX15" * SSN listed as "XXX-5X-XXXX" 8. As a result, the Board recommends that all...