IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021440
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) for the period ending 19 October 1963 to show his:
* social security number (SSN) as "XXX-XX-X8XX" instead of
"XXX-XX-X9XX"
* date of birth (DOB) as 2 August 1944 instead of 2 August 1942
2. The applicant states his SSN and DOB are incorrectly annotated on his
DD Form 214.
3. The applicant provides:
* DD Form 214
* Social Security Card
* State of Oklahoma - Department of Health Amendment to Certificate of Birth
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 2 November 1960.
3. A review of all documents contained in the applicant's military personnel record shows he served under the same DOB (2 August 1942) that is reflected on his DD Forms 214 throughout his tenure of service.
4. His record contains a DD Form 214 for the period ending 19 October 1963 that lists his SSN in item 32 (Remarks) as "XXX-XX-X9XX."
5. The applicant's record contains a DD Form 214 for the period ending
25 October 1968 that lists his SSN as "XXX-XX-X8XX" as he requests.
6. The applicant provides a copy of his social security card that lists his SSN as "XXX-XX-X8XX." He also provides an Amendment to Certificate of Birth from the State of Oklahoma Department of Health that lists his DOB as 2 August 1944.
7. Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the DOB and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests to correct his DD Form 214 for the period ending 19 October 1963 to show his DOB as something other than what is listed, all of the documents in his military service records show he served in the Army using the same DOB throughout his tenure of service.
2. The available evidence does not show he used the DOB listed on his Amendment to Certificate of Birth during the time that he served on active duty.
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. However, a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the DOB recorded in his military records and to satisfy his desire to have his correct DOB documented in his OMPF.
4. However, the applicant's DD Form 214 for the period ending 25 October 1968 lists his SSN as "XXX-XX-X8XX" as he claims is correct. Therefore, he is entitled to correction of his DD Form 214 for the period ending 19 October 1963 to show the SSN as shown on his Social Security Card.
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 from item 32 of his DD Form 214 for the period ending 19 October 1963 the current SSN entry and replacing it with the SSN that is listed on his social security card.
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) AR20130021440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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