IN THE CASE OF:	

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130000074 


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, in effect, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* for the periods ending 28 January 1965 and 11 January 1968, to show his middle name as "GRAY"
* for the periods ending 28 January 1965 and 11 January 1968, to show his social security number (SSN) as "XXX-XX-0813"
* for the period ending 11 January 1968, to show his date of birth (DOB) as "21 November 1945"

2.  The applicant states his DD Forms 214 contain multiple errors because there were hundreds of troops out-processing at the time and he feels the company clerk was overwhelmed.

3.  The applicant provides his DD Form 214 for the period ending 11 January 1968, birth certificate, social security card, and driver's license.

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 contain a Standard Form 89 (Report of Medical History), dated 4 September 1963, wherein he listed his middle name as "GRAY" and a DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 8 November 1963, wherein his DOB is listed as "21 November 1945."

3.  He enlisted in the Regular Army on 15 November 1963.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows:

* his DOB as "21 November 1945"
* his middle name as "GARY"
* his Army service number in lieu of an SSN

4.  He was honorably discharged on 28 January 1965 for immediate reenlistment.  His DD Form 214 for this period of service shows his middle name as "GARY," his Army service number instead of an SSN, and his DOB as "21 November 1945."  The remarks block of his DD Form 214 shows his SSN as "XXX-XX-4025."

5.  He reenlisted on 29 January 1965.  His DD Form 4 for this period of enlistment shows:

* his DOB as "21 November 1945"
* his middle name as "GARY"
* his Army service number in lieu of an SSN

6.  He was honorably released from active duty on 11 January 1968.  His DD Form 214 for this period of service shows his middle name as "GARY," his SSN as "XXX-XX-4025," and his DOB as "25 November 1945."

7.  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.  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's military records show the applicant's SSN as "XXX-XX-4025" on his DD Forms 214 for the periods ending 28 January 1965 and 11 January 1968 which he claims is incorrect.  It is not known what number the applicant provided as his SSN during his active duty service.  Therefore, there is insufficient evidence to justify correcting his SSN.

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 the applicant's desire to now record his requested 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.  However, a copy of this Record of Proceedings will be filed in his military records so his current SSN will be documented.

4.  His Standard Form 89 shows his middle name as "GRAY."  It appears a clerical error was made when recording his middle name on his DD Forms 214 for the periods ending on 28 January 1965 and 11 January 1968.  Therefore, these forms should be corrected to show his middle name as "GRAY."

5.  His DOB is recorded as "21 November 1945" on his DD Form 373 and DD Form 214 for the period ending 28 January 1965.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 11 January 1968 to show his DOB as "21 November 1945."

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 Forms 214 for the periods ending 28 January 1965 and 11 January 1968 to show his middle name as "GRAY"
* amending his DD Form 214 for the period ending 11 January 1968 to show his DOB as "21 November 1945"

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 SSN.



      ____________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)                                         AR20130000074



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ABCMR Record of Proceedings (cont)                                         AR20130000074



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