IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022626
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:
* social security number (SSN) as "545-xx-xxxx" instead of "554-xx-xxxx"
* date of birth (DOB) as "XX September 1938" instead of "XX September 1939"
2. The applicant states the numbers may have been transposed at the time the DD Form 214 was processed for retirement.
3. The applicant provides his DD Form 214, 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 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. He initially enlisted in the RA on 5 August 1957. His DD Form 4 (Enlistment Record - Armed Forces of the United States) did not list his SSN but it listed in item 15 (DOB) the date XX September 1938.
3. He reenlisted on 8 August 1960 and on 8 September 1969. His DD Forms 4 for both periods did not list his SSN but listed his DOB as XX September 1938.
4. He reenlisted on 6 September 1975 and 9 March 1981. His DD Forms 4 for both periods listed his SSN as "545-xx-xxxx" and his DOB as "XX September 1938."
5. Several documents in his service record show his SSN as "545-xxx-xxxx" and his DOB as XX September 1938" and include a:
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 93 (Record of Emergency Data)
* DD Form 1172 (Application for Uniformed Services Identification and Privilege Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
6. He retired on 31 May 1987 and he was placed on the Retired List in his retired grade of CSM on 1 June 1987. His DD Form 214 shows in:
* item 3 (SSN) - "554-xx-xxxx"
* item 5 (DOB) - "XX September 1939"
7. On 16 February 1988, he was issued a DD Form 215 (Correction to DD Form 214) that corrected his SSN from "554-xx-xxxx" to "545-xx-xxxx."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB as "XX September 1938" upon his initial enlistment in the RA. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his service.
2. It appears when his DD Form 214 was processed it inadvertently listed an incorrect DOB. 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. As such, he is entitled to correction of his DD Form 214 to show the DOB as shown on his enlistment contracts.
3. His SSN was corrected via a DD Form 215, issued on 16 February 1988. He was provided with a copy of this form by separate correspondence.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the current DOB from his DD Form 214 and replacing it with the DOB shown on his enlistment contract and birth certificate.
_______ _ __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) AR20120022626
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120022626
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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