BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140007964
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 correct his social security number (SSN) and month of birth.
2. He states his:
* SSN is X9X-XX-XXXX vice X8X-XX-XXXX
* month of birth is January vice July
3. He provides copies of his:
* DD Form 214
* Ohio Driver License
* Medicare Health Insurance 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 was inducted into the Army of the United States on 21 April 1966. Upon his induction he was assigned a Service Number. His DD Form 47 (Record of Induction) shows in item 5 (date) his month of birth is listed as January.
3. His record contains a Processing Data Card which appears to show that the second digit of his social security account number was originally written as an 8 and corrected to show a 9.
4. On 9 June 1966, he was honorably discharged after completing 1 month and 19 days of active military service. His DD Form 214 shows in:
* item 6, his month of birth as July
* item 32 (Remarks), his SSN as X8X-XX-XXXX
5. He submitted a/an:
* Ohio Driver License which shows his month of birth as January
* Medicare Health Insurance card that shows his SSN as X9X-XX-XXXX
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2. The instructions for completing item 1 state to enter the month of birth as it is recorded in the military record.
DISCUSSION AND CONCLUSION
1. The applicant's month of birth appears as January in his military records. He also submitted his Ohio Driver License card that shows his month of birth as January. It appears that an administrative error occurred during the preparation of his DD Form 214 resulting in his month of birth being incorrectly listed. Therefore, he is entitled to correction of item 6 of his DD Form 214 to show his month of birth as January.
2. The Processing Data Card in the applicant's record appears to show that the second digit of his SSN was originally written as an 8 and was then corrected to show 9. Therefore, he is entitled to have item 32 of his DD Form 214 corrected to show his SSN as X9X-XX-XXXX as shown on his Medicare Health Insurance card.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to show in:
* item 6 his DOB as it appears on his DD Form 47
* item 32 to show his SSN as X9X-XX-XXXX as it appears on his Medicare Health Insurance card
_________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) AR20140007964
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007964
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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