BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021476
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:
* social security number (SSN) as XXX-XX-XX3X vice XXX-XX-XX5X
* date of birth (DOB) as 21 February 1951 vice 21 February 1952
2. The applicant states his DD Form 214 shows an incorrect social security number (SSN) and DOB. His SSN is wrong by one number (the eighth digit) and his DOB shows the wrong year.
3. The applicant provides his DD Form 214, social security card, and driver's license.
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 (RA) on 12 November 1970. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 12 November 1970, shows his SSN as XXX-XX-XX3X and his DOB as XX February 1952. He authenticated this form by placing his signature in the appropriate block on that date.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as XXX-XX-XX3X and his DOB as XX February 1952. He authenticated this form by placing his signature in the appropriate block on 20 November 1970 and when he audited the form on 20 February 1972.
4. His record contains numerous orders, personnel, and legal documents to include a DD Form 1584 (National Agency Check Request), dated 2 December 1970, and a DA Form 41 (Record of Emergency Data), dated 24 December 1971, that all show his SSN as XXX-XX-XX3X and his DOB as XX February 1952.
5. He was honorably released from active duty on 19 May 1972 and he was transferred to the U.S. Army Reserve.
6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN as XXX-XX-XX5X. Item 9 (DOB) of this form shows his DOB as XX February 1952.
7. The applicant provides a social security card wherein it shows an SSN as shown on his DA Form 20.
8. He also provides an Illinois Driver's License, issued on 22 April 2011, wherein it shows his DOB as XX February 1951.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's SSN was listed as XXX-XX-XX3X upon his enlistment in the RA. This is the SSN he used throughout his military service. It appears an administrative error occurred when his DD Form 214 was prepared with the eighth digit of his SSN as a 5. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as shown on his DD Form 4.
2. With respect to his DOB, the evidence of record confirms that upon his enlistment in the RA his DOB was listed as XX February 1952. This DOB is consistent with the DOB he used throughout his military service. He authenticated many documents by placing his signature in the appropriate block indicating this DOB was correct. He did not use the DOB that he now claims during his active duty service.
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 understandable that the applicant now desires to record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, there is insufficient evidence to grant him this portion of the requested relief.
4. The applicant is advised that 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 record and to satisfy his desire to have the DOB listed on his driver's license documented in his OMPF.
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 entry in item 3 of his DD Form 214 and replacing it with the social security number as shown on his DA Form 20.
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 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) AR20130021476
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ABCMR Record of Proceedings (cont) AR20130021476
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