IN THE CASE OF:	  

		BOARD DATE:	    11 October 2012

		DOCKET NUMBER:  AR20120007115 


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, in two applications, 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 "242-XX-XXXX" instead of "292-XX-XXXX" and his correct date of birth (DOB).

2.  The applicant states:

   a.  a lack of communication caused the incorrect listing of his SSN on his
DD Form 214; and
   
   b.  his DOB should read 5 February 1957 instead of 2 February 1957.

3.  The applicant provides a copy of his:

* DD Form 214
* SSN
* Certificate of Live Birth

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 record contains a DD Form 398 (Statement of Personal History) that he completed during his enlistment processing.  It shows he listed his DOB as "5 Feb 57" in item 5 (Date of Birth) and he completed item 13 (Employment) which contains a block for his SSN by entering his SSN as
292-XX-XXXX.

3.  His military record contains a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) that was completed during his enlistment processing.  Item 1 (Service Number/SSAN) contains the SSN
292-XX-XXXX and item 21 (DOB) contains the entry "57 FEB 02."

4.  On 15 August 1974, he enlisted in the Regular Army (RA).  He was trained in and awarded military occupational specialty 05F (Radio Teletype Operator Nonmorse).

5.  There are no documents in the applicant's Army Military Human 
Resource Record (AMHRR) that lists his SSN as "242-XX-XXXX."

6.  On 11 May 1975, the applicant was honorably discharged after completing 9 months and 1 day of total active service.  Item 3 (SSN) and item 4(DOB) of his DD Form 214 issued at that time contains entries that he claims are incorrect.

7.  The applicant provides a copy of his social security card which lists the number that he now claims is correct.  He also provides a Certificate of Live Birth which lists his DOB as 5 February 1957.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN and DOB should be listed correctly on his DD Form 214.

2.  The evidence of record shows at the time he entered the Army, he listed his DOB as 5 February 1957.  He now provides a Certificate of Live Birth which confirms his DOB as 5 February 1957.

3.  The applicant’s DOB is listed differently on official documents throughout his military record.  His military record should be corrected at this time to consistently document his DOB throughout his military record to show “5 February 1957,” his actual date of birth as recorded on birth certificate.

4.  The applicant's record includes a DD Form 398 and DD Form 4 which show the SSN he disclosed upon enlistment is the same SSN that he now claims is incorrect and this is the same SSN currently listed on his DD Form 214 and throughout his AMHRR.

5.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires his military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

6.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

7.  The applicant is advised that a copy of this decisional document will be filed in his service record.  This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have his current SSN documented in his record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a. amending item 4 his DD Form 214 by showing his date of birth as 5 February 1957; and
   
   b.  by and issuing him a correction to his DD Form 214 that includes this change.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his SSN.




      ___________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)                                         AR20120007115





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ABCMR Record of Proceedings (cont)                                         AR20120007115



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