IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006595
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 his:
* social security number (SSN) with the fifth digit of "0" instead of "2"
* date of birth (DOB) as 13 July 19XX instead of 14 July 19XX
2. The applicant states the SSN and DOB shown on his DD Form 214 are incorrect. The wrong DOB may have been used because he did not have his birth certificate. He does not know why the wrong SSN was used. He needs the corrections to prevent social security and medical problems in the future.
3. The applicant provides copies of his:
* DD Form 214
* State of Kansas Certificate of Live Birth showing his DOB as 13 July 19XX
* Honorable Discharge Certificate
* Social Security Card showing the fifth digit as "0"
* Kansas Driver's License showing his DOB as 13 July 19XX
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 18 October 1966. At that time, Soldiers were issued Army service numbers.
3. He was honorably released from active duty on 25 July 1968. His DD Form 214 shows in item 3 (SSN) the entry XXX-X2-XXXX and item 9 (DOB) contains the entry 14 July 19XX.
4. A DD Form 398 (Statement of Personal History), dated 17 October 1966, and a DA Form 3027 (U.S. Army Request for National Agency Check), dated
20 October 1966, both show his DOB as 13 July 19XX.
5. His record contains the following documents showing his SSN as
XXX-X0-XXXX:
* Special Orders 18, Headquarters, 1st Cavalry Division, dated 18 January 1968, showing he was promoted to specialist five/E-5
* General Orders 2537, Headquarters, 1st Cavalry Division, dated 22 April 1968, showing he was awarded the Bronze Star Medal
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the DD Form 398 and DA Form 3027, completed in conjunction with his induction, both show his DOB as 13 July 19XX. His promotion and award orders both show his SSN with the fifth digit of "0." It can be presumed that the SSN and DOB entries on his DD Form 214 are incorrect as a result of clerical errors; therefore, he is entitled to the requested relief.
2. In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214.
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 entry in item 3 and adding the SSN as it is listed on his Social Security Card
* deleting the entry in item 9 and adding the DOB as it is listed on his Certificate of Live Birth
____________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) AR20120006595
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013058
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-X2-XXXX" instead of "XXX-X9-XXXX." However, having listed the correct SSN at the time of his enlistment, his DD Form 214 should be corrected to show that same SSN at the time of separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3...
ARMY | BCMR | CY2011 | 20110020196
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-X6-XXXX" instead of "XXX-X5-XXXX." 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. His DD Form 47 (Record of...
ARMY | BCMR | CY2011 | 20110010262
Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "4" and "0" as the fourth and fifth digits of his SSN. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN. However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show that same SSN at the time of separation.
ARMY | BCMR | CY2014 | 20140003394
BOARD DATE: 2 October 2014 DOCKET NUMBER: AR20140003394 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: Documents in his personnel record correctly list his SSN as XXX-68-XXXX; however, it appears his SSN was incorrectly transcribed to his DD Form 214.
ARMY | BCMR | CY2011 | 20110012905
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 | 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 | CY2011 | 20120000349
His DD Form 214 shows his SSN as "x9x-xx-xxxx" and his DOB as "15 July 1947." The applicant listed his DOB as "15 July 1947" upon his induction into the AUS and this is the DOB that he used throughout his military service. He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB.
ARMY | BCMR | CY2012 | 20120009736
Item 3 (SSN) of his DD Form 214 shows the entry "xxx-x9-xxxx." _______ _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) AR20120009736 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009736 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120011126
His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last two digits as 45 and his DOB as 10 January 19xx. The evidence of record shows the applicant's SSN was listed with the last two digits as 95 upon his entry on active duty. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his: * DOB as 1 February 19xx * his last duty assignment as HHD, 5th Battalion, 30th...
ARMY | BCMR | CY2009 | 20090006198
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. The applicant contends that his DD Form 214 should be corrected to show his correct SSN. The evidence of record shows that the applicant used the SSN "xxx-x2-xxxx" throughout his military service.