IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021595
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 his:
* SSN as "xxx-96-x5xx" instead of "xxx-21-x1xx"
* DOB as 4 September 1953 instead of 24 December 1958
2. The applicant states he is trying to apply for Department of Veterans Affairs (VA) benefits but cannot due to erroneous information on his DD Form 214.
3. The applicant provides:
* birth certificate
* Social security card
* DD Form 214
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 Regular Army (RA) on 13 October 1977 for a period of 4 years. He completed training and he was awarded military occupational specialty 62E (heavy construction equipment operator).
3. His record contains a DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) that shows his SSN as "xxx-21-x1xx" and his DOB as 24 December 1958. This document was signed by the applicant, a senior noncommissioned officer, and an officer at the Armed Forces Examining and Entrance Station, Atlanta, GA on 13 October 1977.
4. On 16 May 1984, he was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 6 years, 7 months, and 4 days of creditable active service. The DD Form 214 he was issued at the time shows in:
* Item 3 (SSN) the entry "xxx-21-x1xx"
* Item 5 (DOB) the entry "581224" (24 December 1958)
5. He provides a copy of his:
* social security card that shows his SSN as "xxx-96-x5xx"
* birth certificate issued on 6 March 2002 that shows his DOB as
4 September 1953
6. 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. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN and DOB shown on his DD Form 214 are incorrect.
2. Evidence of record shows the SSN of "xxx-21-x1xx" was used exclusively when he enlisted in the RA in 1977 and when he was REFRAD in 1984.
3. Although the birth certificate provided by the applicant shows his DOB as
4 September 1953, the evidence of record shows he reported his DOB as
24 December 1958 when he enlisted in the RA in 1977. It appears he appropriately served in and was REFRAD using the DOB of 24 December 1958.
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 SSN and 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN and DOB recorded in his military record and to satisfy his desire to have his current SSN and DOB documented in his AMHRR.
6. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 that 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) AR20120021595
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ABCMR Record of Proceedings (cont) AR20120021595
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