IN THE CASE OF:	  

		BOARD DATE:	    27 November 2012

		DOCKET NUMBER:  AR20120008353 


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) for the period ending 26 September 1963 to show his:

* social security number (SSN) as "XXX-XX-6874" (a completely different number) instead of "XXX-XX-2376"
* date of birth (DOB) as "18 July XXXX" instead of "20 July XXXX"

2.  The applicant states his DD Form 214 shows incorrect information. 

3.  The applicant provides:

* DD Form 214
* Record of birth
* Social security card

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 records show he was inducted into the Army of the United States on 5 October 1961.  His DD Form 47 (Record of Induction) identified him by his Service Number; it did not list his SSN.  However, this form listed his DOB as "20 July XXXX."  

3.  His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) which were created upon his entry on active duty listed his SSN as "XXX-XX-2376" and his DOB as "20 July XXXX."  

4.  Multiple other documents in his service record, including the below listed documents, show his SSN as "XXX-XX-6874" and his DOB as "20 July XXXX."  He authenticated some of these documents, as required, by placing his signature in the appropriate place:

* DA Form 41 (Record of Emergency Data)
* Reports of Medical History (Induction)
* Report of Medical History (Separation)
* Report of Medical Examination (Induction)
* Report of Medical Examination (Separation) 

5.  He was honorably released from active duty on 26 September 1963.  The 
DD Form 214 he was issued shows his DOB in item 6 (DOB) as "20 July XXXX" and his SSN in item 32 (Remarks) as "XXX-XX-2376."

6.  He submitted a social security card that shows an individual with the same name as the applicant with an SSN of "XXX-XX-6874" (the requested SSN) and a record of birth that also shows an individual with the same name as the applicant with a DOB of "18 July XXXX."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his induction into the Army of the United States and entry on active duty the applicant's SSN was listed as "XXX-XX-2376" and his DOB as "20 July XXXX."  This SSN and DOB are consistent with the SSN and DOB shown on various records throughout his military service.  He authenticated some documents by placing his signature in the appropriate blocks indicating the number or date on each form was correct.  He did not use the SSN or DOB that he now claims are correct during his period of military service. 

2.  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 the applicant desires to now record a new DOB and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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

4.  A copy of this Record of Proceedings will be placed in his official military records.  This should serve to clarify any questions or confusion in regard to the difference in the SSN and DOB recorded in his military records and to satisfy his desire to have his current SSN and DOB documented in his military records.

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 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)                                         AR20120008353





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ABCMR Record of Proceedings (cont)                                         AR20120008353



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