BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140001309 


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) with an effective date of 
28 August 1970 to show the last four numerals of his social security number (SSN) as "0882" instead of "0887."  He also requests his date of birth (DOB) be changed to show the year 1951 instead of 1950.

2.  The applicant states the wrong SSN is shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Alabama driver's license
* social security card

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.  On 27 December 1968, he enlisted in the Regular Army for 3 years.  His 
DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN with the last four numerals "0887."  His DOB is shown with the year 1950.

3.  The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the last four numerals "0882" and his DOB with the year 1950:

* DD Form 398 (Statement of Personal History)
* DD Form 1584 (National Agency Check Request)
* DA Form 41 (Record of Emergency Data)

4.  There are additional documents in his MPRJ that show his SSN with the last four numerals "0882" and there are additional documents that show his SSN with the last four numerals "0887."

5.  On 28 August 1970, he was discharged.  He completed 2 years, 8 months, and 1 day of active service that was characterized as under honorable conditions.  Item 3 (Social Security Number) of his DD Form 214 shows his SSN with the last four numerals "0887."  Item 9 (Date of Birth) shows his DOB with the year 1950.

6.  The social security card he submitted shows his SSN with the last four numerals as "0882."

7.  The driver's license he submitted shows his DOB with the year 1951.

8.  Army Regulation 635-5 (Separation Documents) in effect at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Due to the inconsistencies in entering his SSN throughout his MPRJ, it is reasonable to conclude administrative errors occurred when entering his SSN at various times during his enlistment.  However, there is sufficient evidence to show that his SSN as shown on his social security card is correct.  Therefore, it would be appropriate to correct his SSN on his DD Form 214 to show his SSN as it is shown on his social security card.

2.  The DD Form 398 was completed by the applicant and he entered his DOB with the year 1950.  Documents throughout his MPRJ, where required, show his DOB with the year 1950.

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 desires to now record his DOB as shown on his driver's license in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference between the DOB recorded in his military record and the DOB shown on his driver's license.

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 SSN from item 3 of his DD Form 214 with an effective date of 
28 August 1970 and adding the SSN as it is shown 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 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)                                         AR20140001309





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001309



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1