IN THE CASE OF:  

		BOARD DATE:    31 October 2013

		DOCKET NUMBER:  AR20130005142


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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his social security number as XXX-XX-5029 versus XXX-XX-5150
* his place of birth as Egypt versus Israel

2.  The applicant states his SSN reads "XXX-XX-5150," but it should read 
"XXX-XX-5029."

3.  The applicant provides:

* DD Form 214 for the period ending 10 December 1973
* Veterans Benefits Administration (VBA) printout
* letter from the Social Security Card Center, Brooklyn, NY, dated 25 February 2013
* photocopy of his U.S. Passport and 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 22 June 1971 in preparation for his upcoming enlistment in the Regular Army, the applicant completed a fingerprint card and police record check form wherein he recorded his SSN as "XXX-XX-5150" and his place of birth as "Asswan [sic], Israel."

3.  On 28 June 1971, he enlisted in the Regular Army.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) contains the following entries:

* item 1 (Service Number/Social Security Account Number) – 
"XXX-XX-5150"
* item 22 (Citizenship) – "ISRAEL"
* item 23 (Place of Birth) – "ASSWAN [sic] ISRAEL"
* item 56 (Remarks), in part – "REF ITEM 22  ALIEN REGISTRATION NO A-XXXXX378, CARD NOT IN APPLICANT [sic] POSSESSION AT TIME OF ENLISTMENT.  NUMBER VERIFIED PER DD FORM 372 [REQUEST FOR VERIFICATION OF BIRTH]."

4.  On 6 July 1971, he completed a second fingerprint card and police record check form, wherein his SSN was not listed; however, his place of birth was listed as Egypt.

5.  On 10 December 1973, he was honorably released from active duty.  His DD Form 214 contains the following entries:

* item 3 (SSN) – "XXX-XX-5150"
* item 8 (Place of Birth) – "ASSWAN [sic], ISRAEL"

6.  The SSN that appears on his DD Form 4 and DD Form 214 is consistent with the SSN that appears on all other documents contained in his Military Personnel Records Jacket (MPRJ).  The requested SSN does not appear on any documents in his MPRJ and does not appear to have been used as an identifying number during his period of service.

7.  His MPRJ contains numerous documents that identify his place of birth.  Of those documents, some show he was born in "Asswan [sic], Israel," and some documents show he was born in "Asswan [sic], Egypt," or simply "Egypt."

8.  A search of commonly-used Internet sites confirmed the existence of a city named Aswan, Egypt, but failed to confirm a city of the same name in Israel.

9.  He provides:

* a printout from the VBA which identifies his SSN as "XXX-XX-5150"
* a letter from the Social Security Card Center, Brooklyn, NY, dated 25 February 2013, which states he was issued the requested SSN, 
"XXX-XX-5029," and erroneously issued the contested SSN – and both SSN's appear and are cross referenced in their databases
* a photocopy of his social security card and U.S. Passport which show his SSN as "XXX-XX-5029" and his place of birth as "Egypt"

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs 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 applicant's request for correction of his SSN and place of birth was carefully considered.

2.  His MPRJ lists Asswan, Israel; Asswan, Egypt; and Egypt as his place of birth.  His U.S. Passport shows Egypt as his place of birth.  A search of commonly-used internet sites confirmed the existence of a city named Aswan in Egypt, but failed to confirm a city of the same name in Israel.  It is reasonable to conclude that his actual place of birth was Aswan, Egypt – not Israel.  As such, it would be appropriate to correct his DD Form 214 to show his place of birth as Aswan, Egypt.

3.  With respect to his SSN, the evidence of record shows he enlisted in the Regular Army on 28 June 1971 using "XXX-XX-5150" as his SSN.  The evidence further shows he consistently used "XXX-XX-5150" as his SSN throughout his entire period of service.  There is no evidence he served under the requested SSN.

4.  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 he now desires his military records reflect his requested SSN, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  A copy of this Record of Proceedings will be filed in his records to clarify any difference between the SSN under which he served and his current SSN.  In view of the foregoing, there is an insufficient basis to grant this portion of the requested relief.

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 item 8 of his DD Form 214 to delete the entry "ASSWAN, ISRAEL" and replace it with the entry "ASWAN, EGYPT."

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 records to show his SSN as "XXX-XX-5029."



      __________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)                                         AR20120017813



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ABCMR Record of Proceedings (cont)                                         AR20130005142



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