IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012331
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 (Certificate of Release or Discharge from Active Duty) to show the fifth digit of his social security number (SSN) as "8" instead of "4" and his date of birth (DOB) as "9 May 1950" instead of "9 April 1960."
2. The applicant states he was unaware that his SSN and DOB were incorrectly entered on his DD Form 214 until he went to a National veterans' conference in Detroit, Michigan.
3. The applicant provides a copy of his Michigan driver's license and 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 enlisted in the Michigan Army National Guard on 6 November 1979. At the time of his enlistment he provided a California driver's license showing his DOB as 4 September 1960. He also provided a Form SS-5 showing he had applied for an SSN and the number issued contained a "4" as the fifth digit and is the number entered on his DD Form 214. He also completed other forms using that number.
3. He was ordered to initial active duty for training (ADT) and was transferred to Fort Sill, Oklahoma, where he completed basic training. He was then transferred to Fort Leonard Wood, Missouri, where he completed advanced individual training as a motor transport operator.
4. On 1 July 1980, he was honorably released from ADT to his Michigan Army National Guard unit. He completed 4 months and 12 days of active service and his DD Form 214 issued at the time of his release from ADT shows the SSN and DOB that is reflected in his records.
5. The Michigan driver's license provided by the applicant shows his DOB as 9 May 1960 and the social security card he provides shows his SSN contains an "8" as the fifth digit.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted he provided an SSN that contained a "4" as the fifth digit and all of the documents contained in his official records, to include those completed by the applicant, contain the fifth digit of "4." He also provided documents to show his DOB as 4 September 1960 and has offered no explanation as to why he served under a different DOB and SSN other than that which is listed on his social security card.
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 change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document which confirms the SSN and DOB he is currently using will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his official 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) AR20120012331
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012331
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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