IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008550
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:
* date of birth (DOB) as XX September 1941 vice XX August 1941
* social security number (SSN) as "XXX-XX-X9XX" vice "XXX-XX-X8XX"
2. The applicant states his DOB and SSN are incorrect on his DD Form 214. The month of his birth is September and the seventh digit of his SSN is 9.
3. The applicant provides his DD Form 214, notification of birth registration, his driver's license, a Social Security Administration printout, a letter, and orders.
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 (AUS) on 17 April 1967. His DD Form 47 (Record of Induction), dated 17 April 1967, shows his DOB as XX September 1941. This form does not show his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his DOB as XX September 1941 and the seventh digit of his SSN as 9.
4. His record contains several orders, personnel, and legal documents that all show his DOB as XX September 1941 and the seventh digit of his SSN as 9.
5. He was honorably released from active duty on 20 November 1968 and transferred to the U.S. Army Reserve. He completed 1 year, 7 months, and 4 days of creditable active service.
6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the seventh digit as 8. Item 9 (DOB) of this form shows his DOB as XX August 1941.
7. The applicant provides an SSA printout, dated 25 April 2013, wherein it shows he has an SSN as shown on his DA Form 20 with the seventh digit as 9.
8. He also provides a Texas Driver's License, issued on 17 August 2012, wherein it shows his DOB as XX September 1941.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's DOB was listed as XX September 1941 upon his induction into the AUS and his SSN was listed with the seventh digit as 9 upon his entry on active duty. This is the DOB and SSN that he used throughout his period of service. It appears an administrative error occurred when his DD Form 214 was prepared with the seventh digit of his SSN as 8 and his DOB as XX August 1941. Therefore, it would be appropriate to correct his DD Form 214 to show his correct DOB and SSN.
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 amending his DD Form 214 as follows:
* deleting the entry in item 3 and replacing it with the entry "XXX-XX-X9XX" as it is listed on the Social Security Administration printout
* deleting the entry in item 9 and replacing it with the entry "XX September 1941" as it is listed on his driver license
_______ _ __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) AR20130008550
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008550
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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