IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140007636
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 (Certificate of Release or Discharge from Active Duty) to show his:
* date of birth (DOB) as 2 July 19XX vice 7 February 19XX
* social security number (SSN) as 533-XX-XXXX, vice 553-XX-XXXX
2. The applicant states he noted the errors when he was purchasing a home.
3. The applicant provides a DD Form 214, a certified copy of a certificate of live birth, and a copy of an SSN 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. The applicant inducted in the Army of the United States on 13 July 1965. His records show he consistently used "533-XX-XXXX" as his SSN, and his DOB was consistently shown as 2 July 19XX throughout his period of military service.
3. On 30 November 1990, he was honorably retired. His DD Form 214 shows in:
* Item 3 (SSN) - "553-XX-XX"
* Item 5 (DOB) - "XX0207" (7 February 19XX)
4. His record includes a letter from the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 13 March 1991, which issued him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) amending his DD Form 214 to show "533-XX-XXXX."
5. He provides a copy of his social security card, which shows his SSN as
"533-XX-XXXX" and a certified certificate of live birth showing his DOB as 2 July 19XX.
6. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. With respect to the SSN, the applicant was issued a DD Form 215 on 12 March 1991 that corrected his SSN. He will be provided with a copy of this DD Form 215 by separate correspondence.
2. With respect to the DOB, the evidence indicates an administrative error was made when recording the applicant's DOB. Therefore, it would be appropriate to correct this error at this time.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 5 of his DD Form 214 ending on 30 November 1990 the existing DOB and adding a DOB as shown on his certificate of birth.
_______ _ 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) AR20140007636
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ABCMR Record of Proceedings (cont) AR20140007636
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