IN THE CASE OF:	  

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120011126 


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:

* the last two digits of his social security number (SSN) as 95 vice 45
* his date of birth (DOB) as 1 February 19xx vice 10 January 19xx
* his last duty assignment as Headquarters and Headquarters Detachment (HHD), 5th Battalion, 30th Artillery vice Headquarters and Headquarters Battery (HHB), 4th Battalion, 30th Artillery

2.  The applicant states his DD Form 214 incorrectly lists the last two digits of his SSN and his DOB.

3.  The applicant provides his DD Form 214, social security card, permanent resident card, a United States Postal Service mailing tag, and a notarized birth extract.

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 (AUS) on 23 January 1968 and he held military occupational specialty 91B (Medical Specialist).

3.  His records contain a DD Form 398 (Statement of Personal History), dated 24 January 1968, wherein his DOB is shown as 10 January 19xx.  His SSN is not shown on this form.  He authenticated this form by placing his signature in the appropriate block.

4.  A DD Form 1584 (National Agency Check Request), dated 24 January 1968, shows his SSN with the last two digits as 95 and his DOB as 10 January 19xx.

5.  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.  He last audited this form on 14 August 1969.

6.  His record contains several personnel, finance, medical, and legal documents including several award and assignment orders that show his SSN with the last two digits as 95 and his DOB as 10 January 19xx.

7.  On 1 July 1968, he was assigned to HHB, 5th Battalion, 30 Artillery, United States Army, Southern European Task Force (USASETAF), Italy.

8.  On 19 January 1970, he was assigned to the U.S. Army Transfer Station, Fort Hamilton, NY.

9.  On 19 January 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 27 days of net active service.

10.  The DD Form 214 he was issued shows the following entries in:

* item 3 (SSN) with the last two digits as "45"
* item 9 (DOB) "10 January 19xx"
* item 12 (Last Duty Assignment and Major Command) "HHB, 4th Battalion, 30th Artillery, USASETAF"

11.  The applicant provides a notarized birth extract, undated, wherein a Mr. IG declared an individual with the same first and last name as the applicant was born on 1 February 19xx.

12.  Army Regulation establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN was listed with the last two digits as 95 upon his entry on active duty.  This is the SSN he used throughout his military service.  It appears an administrative error occurred during the preparation of his DA Form 20 and his SSN was listed with the last two digits as 45.  This error was compounded when his DD Form 214 was prepared with the last two digits of his SSN listed as 45.  Therefore, it would be appropriate to correct his DD Form 214 to show his correct SSN.

2.  The evidence of record confirms his last duty assignment was with HHB, 5th Battalion, 30 Artillery, USASETAF; therefore his DD Form 214 should be corrected accordingly.

3.  With respect to his DOB, the applicant's DOB was listed as 10 January 19xx upon his entry on active duty 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.

4.  For historical purposes, the Army has an interest in maintaining the accuracy 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 different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.

5.  The applicant is advised that a copy of this decisional document will be filed in his service records.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have the DOB listed on the notarized birth extract 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 the evidence presented is 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 amending his DD Form 214 as follows:

* deleting the SSN entry in item 3 and replacing it with the SSN listed on his social security card
* deleting the entry in item 12 and replacing it with the entry "HHB, 5th Battalion, 30 Artillery, USASETAF"

2.  The Board further determined 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 correcting his DD Form 214 to show his:

* DOB as 1 February 19xx
* his last duty assignment as HHD, 5th Battalion, 30th Artillery



      _______ _  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)                                         AR20120011126



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ABCMR Record of Proceedings (cont)                                         AR20120011126



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