IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008277
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 item 3 (Social Security Number (SSN)) and item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the seventh digit of his SSN should be listed as 5 and not 6 as it is currently entered in item 3 of his DD Form 214. He also states the year of his DOB is 1946 and not 1966 as it is listed in item 9 of his DD Form 214.
3. The applicant states he is providing his social security card and birth certificate.
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 applicant's record shows he enlisted in the Regular Army on
18 September 1967. The DD Form 4 (Enlistment Record-Armed Forces of the United States) prepared during his enlistment does not list an SSN. The service number was the primary identification number used by the Army at the time. The year of birth listed on his DD Form 4 is 1946.
3. The applicant's record contains a DD Form 398 (Statement of Personal History), a DD Form 1584 (National Agency Check), and enlistment orders which were completed during his enlistment processing in September 1967. These documents all list his SSN with a "5" as the seventh digit. The DD Form 398 and DA Form 1574 both list his year of birth as 1946.
4. The applicant's DA Form 20 (Enlisted Qualification Record) prepared on
25 September 1967 upon his entry on active duty lists a "6" as the seventh digit of his SSN. His year of birth is listed as 1946 in item 6 (DOB) of his DA Form 20.
5. Various orders and documents that are on file in the applicants Military Personnel Records Jacket list his SSN using 5 or 6 as the seventh digit. Included in the documents listing the number 5 as the seventh digit is a Standard Form (SF) 88 (Report of Medical Examination), dated 3 August 1969, documenting his separation physical examination. This document also lists his year of birth as 1946.
6. The DD Form 214 issued to the applicant upon his release from active duty on
31 August 1969 lists his SSN with a 6 as the seventh digit and his year of birth as 1966.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents in the MPRJ would be the primary sources 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 enlistment as evidenced by the DD Form 398 and DD Form 1584 completed during his enlistment processing. These documents also confirm the year of the applicants DOB as 1946, as does the DA Form 20. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 item 3 and item 9 of his DD Form to show his SSN and DOB as they are listed on his DD Form 1584.
_______ _ __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) AR20120001042
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120008277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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