IN THE CASE OF:	  

		BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20120022805 


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 his correct date of birth (DOB) and social security number (SSN).

2.  The applicant states he enlisted in the Army and served more than 2 years in Vietnam.  His separation processing was very hurried and his DOB and SSN were incorrectly recorded on his DD Form 214.

	a.  The year of his birth was 1948, not 1968, and his SSN is "XXX-48-XXXX," not "XXX-98-XXXX."

	b.  He adds that a DD Form 215 (Correction to DD Form 214) was issued correcting his separation document, but he lost the DD Form 215.

3.  The applicant provides copies of his birth certificate, Missouri driver's license, Medicare Health Insurance card, a letter from the Department of Veterans Affairs (VA), and his 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's DD Form 398 (Statement of Personal History), dated 27 January 1966, shows the following entries:

* item 5 (DOB) – "5 Oct 48"
* SSN – "XXX-48-XXXX"

3.  The applicant's DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 4 March 1966.

	a.  Item 15 (DOB) shows "5 Oct 48."

	b.  Item 2 (Service Number) shows the entry "RA XX XXX 789."  The U.S. Armed Forces did not use the SSN for identification at the time of the applicant's enlistment.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 November 1968.  It also shows in:

* item 3 (SSN) – "XXX-98-XXXX"
* item 9 (DOB) – "5 OCT 68"

5.  A review of the applicant's military personnel records failed to reveal any evidence that a DD Form 215 was issued correcting his DD Form 214.

6.  The applicant provides copies of the following documents:

	a.  State of California Department of Health Services Certified Abstract of Birth issued on 23 June 1995 that shows the applicant's DOB as 5 October 1948.

	b.  Missouri driver's license that shows his DOB as "5 October 1948."

	c.  Medicare Health Insurance card that shows his SSN as "XXX-48-XXXX."

	d.  VA letter to the applicant, dated 26 November 2011, notifying him that the SSN on his DD Form 214 does not match the SSN in the VA system.  He was advised that a DD Form 215 was required to correct the DD Form 214.

7.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge), in effect at the time, contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214.  The instructions for:

		(1)  item 3 stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher) and

		(2)  item 9 stated, "self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DOB is 5 October 1948 and this DOB is correctly recorded his military service records.  However, it appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.

2.  The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.  The applicant's correct SSN was recorded in his military service records, but it appears that this SSN was incorrectly recorded on his DD Form 214 due to an administrative error.

3.  Thus, the evidence of record supports the applicant's contention that an incorrect DOB and an incorrect SSN were recorded on his DD Form 214.

4.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his correct DOB and SSN.



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:

	a.  deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN shown on his DD Form 398 and

	b.  deleting the current entry from item 9 of his DD Form 214 and replacing it with the DOB shown on his Certified Abstract of Birth.



      _______ _   __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)                                         AR20120022805



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ABCMR Record of Proceedings (cont)                                         AR20120022805



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