IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20130013567
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 military records to show his correct date of birth (DOB), place of birth (POB), and social security number (SSN).
2. The applicant states he has fixed all his records except his military records. He contends that once he found out that his POB, DOB, and SSN were inaccurate, he hired legal counsel to investigate and assist him in complying with the law.
3. The applicant provides:
* copy of his Certificate of Naturalization
* copies of his social security card and driver license
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Western District of Texas Petition for Name Change
CONSIDERATION OF EVIDENCE:
1. Prior to his enlistment, the applicant prepared a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) in which he listed his POB as San Antonio, TX, his DOB as 29 September 1968, and his SSN as 5xx-xx-xxxx.
2. He enlisted in the U.S. Army Reserve Delayed Entry Program on 25 April 1986 and in the Regular Army on 21 October 1986. His DD Form 4 (Enlistment/Reenlistment Document) shows his SSN as 5xx-xx-xxxx and his DOB as 29 September 1968. The DD Form 4 does not provide for the recording of the POB.
3. He continued his enlisted service throughout a series of reenlistments until he was discharged on 29 September 1997 for the purpose of accepting an appointment as a warrant officer. His DD Form 214 for this period of service shows his SSN as 5xx-xx-xxxx and his DOB as 29 September 1968.
4. His Officer Record Brief (ORB), prepared on 15 March 2011, shows his POB as Texas, his DOB as 29 September 1968, and his SSN as 5xx-xx-xxxx.
5. He was retired on 30 September 2011. His DD Form 214 for this period of service shows his SSN as 5xx-xx-xxxx and his DOB as 29 September 1968. The DD Form 214 does not provide for the recording of the POB.
6. A review of the applicant's Army Military Human Resource Record (AMHRR) revealed that he served his entire military career listing his POB, DOB, and SSN as shown on his DD Form 1966.
7. He provides documentation issued in March 2013 that shows his POB as
El Salvador, his DOB as 29 September 1969, and his SSN as 7xx-xx-xxxx.
8. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show his correct POB, DOB, and SSN has been carefully considered.
2. The evidence of record shows he served his entire military career listing his POB, DOB, and SSN as shown on his DD Form 1966 and on his ORB.
3. 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. In the absence of showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct POB, DOB, and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. Based on the foregoing there is no basis to grant the requested relief.
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) AR20130013567
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ABCMR Record of Proceedings (cont) AR20130013567
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