BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130014539 


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 (SSN) as "X4X-XX-XXXX" vice "X1X-XX-XXXX"
* Date of Birth (DOB) as "26 Oxxxxxr XXXX" vice "4 Nxxxxxxr XXXX"

2.  The applicant states, in effect, the SSN and DOB listed on his DD Form 214 are incorrect.

3.  The applicant provides:

* DD Form 214
* Certification of birth
* Letter from the Social Security Administration (SSA), dated 23 July 2013

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 enlisted in the Regular Army on 21 May 1964 and held military occupational specialty 91B (Medical Aidman).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 21 May 1964 shows his DOB as "4 Nxxxxxxr XXXX" but does not list his SSN.  He verified his DD Form 4 with his signature and thereby indicated he had reviewed all of the data contained on this form to include his SSN.

4.  His DD Form 398 (Statement of Personnel History), dated 12 October 1964 shows his DOB as "4 Nxxxxxxr XXXX" and his SSN as "X4X-XX-XXXX."  He verified his DD Form 398 with his signature and thereby indicated he had reviewed all of the data contained on this form to include his SSN and DOB.  Additionally, this is the only document in his military record to list his SSN as "X4X-XX-XXXX."

5.  His DA Form 20 (Enlisted Qualification Record), dated 30 November 1966, shows his DOB as "4 Nxxxxxxr XXXX" but does not list his SSN.  He verified his DD Form 4 with his signature and thereby indicated he had reviewed all of the data contained on this form to include his DOB.

6.  A review of his military records revealed that all the documents in his military record listing a DOB reflect his DOB as "4 Nxxxxxxr XXXX."

7.  He was honorably released from active duty on 19 May 1967.  His DD Form 214 shows his DOB as "4 Nxxxxxxr XXXX" and his SSN as "X1X-XX-XXXX."  He verified his DD Form 214 with his signature and thereby indicated he had reviewed all of the data contained on this form to include his SSN and DOB.

8.  He provided a certification of birth which contains a name similar to his and shows his DOB as "26 Oxxxxxr XXXX."



9.  He provided a letter from the SSA, dated 23 July 2013 which contains a name similar to his and shows his SSN as "X4X-XX-XXXX."

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 listed his SSN as "X4X-XX-XXXX" on his DD Form 398 and verified this SSN with his signature.  As such, it appears his SSN was entered incorrectly on his DD Form 214.  Therefore, he is entitled to correction of this form to show his correct SSN.

2.  There is no evidence of record showing the applicant ever used the DOB 
"26 Oxxxxxr XXXX " during the period of his military service.  In view of the foregoing, there is an insufficient evidentiary basis for correcting his DOB. 

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understood that the applicant desires to now record his requested DOB in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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 correcting his DD Form 214 to show the SSN listed on his DD Form 398.

2.  The Board further determined that 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 changing his DOB.  



      _______ _   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)                                         AR20130014539





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ABCMR Record of Proceedings (cont)                                         AR20130014539



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