BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130003152 


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 "xx1-xx-xxx4" instead of "xx0-xx-xxx8."  Additionally, he requests his date of birth be listed as 16 September 1946 instead of 7 April 1945.

2.  He states his date of birth was typed wrong at the time of his induction.

3.  He provides:

* DD Form 214
* social security card
* certificate of birth
* South Carolina 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 was inducted into the Army of the United States on 
16 December 1965.  At the time of induction, he was assigned a military service number that was primarily used for identification purposes.  All the documents contained in his record show his assigned military service number.  He was honorably released from active duty on 12 December 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 1 year, 11 months, and 27 days of active duty service.

3.  All documents in his record containing a date of birth show his date of birth as 7 April 1945 to include the following:

* DD Form 47 (Record of Induction), dated 16 December 1965
* Standard Forms 88 (Report of Medical Examination)
* DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice)
* DA Form 20 (Enlisted Qualification Record)

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xx0-xx-xxx8."  Item 9 (Date of Birth) of this form shows his date of birth as 7 April 1945.  He authenticated this form with his signature at the time of his separation.  

5.  On 15 July 1969, he was discharged from the USAR.  His discharge document shows his SSN as "xx0-xx-xxx8."

6.  He provided his social security card which shows his SSN as "xx1-xx-xxx4." 
Additionally, he provides the State of North Carolina Delayed Certificate of Birth, dated 27 May 1969, and his South Carolina Driver's License showing his date of birth as "16 September 1946." 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.


DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant's assigned military service number was used throughout his period of service.  There are no documents in his available file reflecting an SSN.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

2.  His military record shows he served in the Army for almost 2 years with his date of birth listed as 7 April 1945.  These documents include his Record of Induction, DA Form 20, Report of Medical Examination, and numerous Article 15s.  There is no evidence that shows he used a different date of birth than the date of birth listed on his DD Form 214 during his active service.  Therefore, there is an insufficient basis to approve his request.

3.  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.  While it is understandable that the applicant desires to have his 
DD Form 214 corrected to show the requested SSN and date of birth, 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 Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the SSN and date of birth recorded in his military record and to satisfy his desire to have his claimed correct SSN and date of birth documented in his AMHRR.

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)                                         AR20130003152





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ABCMR Record of Proceedings (cont)                                         AR20130003152



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