IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001495
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:
* social security number (SSN) as XXX-68-XXXX instead of XXX-69-XXXX
* date of birth (DOB) as 4 February 1943 instead of 4 March 1943
2. The applicant states his SSN was entered incorrectly at the induction station and the midwife put the incorrect month on his birth papers.
3. The applicant provides:
* DD Form 214
* birth certificate with amendment
* 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. On 25 January 1965, he was inducted into the Army of the United States. He was awarded military occupational specialty 91A (Medical Corpsman) and was ultimately advanced to the rank of specialist four/pay grade E-4.
3. His DD Form 214 shows he was honorably released from active duty on 18 January 1967. He completed 1 year, 11 months, 24 days of active service. His DD Form 214 shows his:
* SSN as XXX-69-XXXX
* DOB as 4 March 1943
4. A review of his records failed to reveal any documents showing the SSN shown on the social security card he provides.
5. All documents throughout his records containing his DOB show his DOB as 4 March 1943.
6. The copy of the social security card he provides shows his SSN as
XXX-68-XXXX.
7. The birth certificate he provides shows his original DOB entry as 4 March 1943. On 21 September 1967, an amendment to this birth certificate was filed showing the DOB was corrected to read 4 February 1943.
DISCUSSION AND CONCLUSIONS:
1. He provides a copy of his social security card showing his SSN as
XXX-68-XXXX. However, a review of his records revealed no evidence indicating the SSN shown on the social security card he provides was recorded as his SSN at any time during his military service. The applicant's records show he was inducted and served using XXX-69-XXXX as his SSN.
2. He provides a birth certificate amended after his release from active duty to show his DOB as 4 February 1943.
3. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to have his military records changed to reflect the documents he provided, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion regarding the difference in the SSN and DOB recorded in his military records and those he currently uses.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130001495
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ABCMR Record of Proceedings (cont) AR20130001495
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