IN THE CASE OF:	  

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130012246 


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 records to show his correct date of birth (DOB) and social security number (SSN).

2.  The applicant states the DOB and SSN shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) are incorrect.
 
a. The year of his date of birth was 1945, not 1946, and his SSN is 
xxx-xx-xxx9, not xxx-xx-xxx7.

	b.  He adds that he is a 67-year old veteran with health issues and he is having difficulty receiving healthcare benefits as a result of these errors.

3.  The applicant provides copies of his birth certificate, Social Security card, and DD Form 214 issued on 1 October 1970.

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 U.S. Army on 26 September 1967.  At the time of the applicant's induction, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.

   a.  The applicant's DD Form 47 (Record of Induction) shows in item 5 (DOB):  "18 Nov 1946."

   b.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 26 September 1967, shows the following entries:

* item 5 (DOB):  "11/18/46"
* SSN block:  is blank (no entry)

3.  A DD Form 214 shows the applicant was honorably discharged on 1 October 1967 to enlist in the Regular Army (RA).  It also shows in:

* item 3 (SSN) – "xxx-xx-xxx7"
* item 9 (DOB) – "18 Nov 46"

4.  The applicant enlisted in the RA on 2 October 1967.  (The SSN was still not being used for identification.)  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in item 15 (DOB):  "18 Nov 46."

5.  A Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), prepared by the applicant and examining physician, respectively, for the purpose of the applicant's separation examination on
25 August 1970, both show the following entries:

* item 3 (Identification Number):  "xxx-xx-xxx9"
* item 12 (DOB):  "18 Nov 1946"

6.  A DD Form 214 shows the applicant was honorably released from active duty on 1 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  It also shows in:

* item 3 (SSN) - "xxx-xx-xxx7"
* item 9 (DOB) - "18 Nov 46"


7.  The applicant provides copies of the following documents:

	a.  Commonwealth of Pennsylvania, Department of Health, Vital Records, Certification of Birth, issued on 6 August 2012, that shows the applicant's DOB as 18 November 1945.

	b.  Social Security card, issued on 10 August 2012, that shows his SSN as "xxx-xx-xxx9."

8.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge), in effect at the time, contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214.  The instructions for:

		(1)  item 3 stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher); and

		(2)  item 9 stated, "self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Birth, issued on 6 August 2012, shows a DOB of 18 November 1945.

   a.  However, the applicant's records for the entire period of his military service show the reported DOB of 18 November 1946 was consistently recorded in his official military service records, including on his two DD Forms 214.

   b.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the DOB in his official military service records.

2.  The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.

   a.  On 25 August 1970, the applicant's correct SSN was recorded in his military medical records, but it appears that his SSN was incorrectly recorded on his final DD Form 214 due to an administrative error.

   b.  Thus, the evidence of record supports the applicant's contention that an incorrect SSN was recorded on his DD Forms 214.

3.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his correct SSN.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting the current entry from item 3 of his 1 October 1967 and 1 October 1970 DD Forms 214 and replacing it with the social security number shown on his Social Security card.

2.  The Board further determined that the evidence presented was 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 his date of birth.



      _______ _   __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)                                         AR20130012246



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ABCMR Record of Proceedings (cont)                                         AR20130012246



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