IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007491
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 (Report of Separation from Active Duty) to show his:
* social security number (SSN) as "XXX-8X-XXXX" instead of
"XXX-3X-XXXX"
* date of birth (DOB) as 2 October 1949 instead of 2 August 1949
2. The applicant states he spoke with a representative at the Department of Veterans Affairs (VA) who told him he needed his record corrected to receive VA assistance.
3. Although his application to the Board states he provided a copy of his birth certificate, Social Security card, and military documents, none were found with his application.
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. Item 5 (DOB) of his DD Form 398 (Statement of Personal History), completed at the time of his enlistment processing, lists his DOB as 2 October 1949. In addition, item 13 (Employment - SSN) lists his SSN as "XXX-8X-XXXX."
3. His record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 12 September 1974, which lists his SSN and DOB as he requests.
4. The applicant enlisted in the Regular Army on 18 September 1974. Item 1 (Service Number/Social Security Account Number) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his Service Number. Hand written in blue ink above his Service Number is "XXX-8X-XXXX." However, item 21 (DOB) contains the entry 2 August 1949.
5. The applicant was honorably discharged on 1 November 1976. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-3X-XXXX" and item 4 (DOB) shows his DOB as 2 August 1949.
6. 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 contention that his DD Form 214 should be corrected to show his SSN and DOB as he requests was carefully considered and determined to have merit.
2. The applicant's SSN and DOB appear as he requests on his DD Form 398 and SF 88 completed at the time of enlistment. As a result, it would be appropriate to correct his DD Form 214 to show his SSN and DOB as requested.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting the current entries in item 3 and 4 of his DD Form 214 and replacing the entries with the SSN and DOB listed his DD Form 398.
_______ _ 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) AR20130007491
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ABCMR Record of Proceedings (cont) AR20130007491
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