IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140010862
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 the date of birth (DOB) and Social Security Number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that his DOB is X January XXX8, as shown on his South Carolina Commercial Driver's License and his SSN is correctly listed on his Social Security card as XXX-50-XXXX.
3. The applicant provides his Social Security card and South Carolina Commercial Driver's License in support of his request.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. His record shows he enlisted in the U.S. Army Reserve (USAR) on 30 March 1975 and he entered active duty for training (ADT) on 18 November 1975.
3. A review of the applicant's records shows that his DOB is shown as X January XXX7 on all documents which required an entry for DOB. These documents include his DD Form 4 (Enlistment Contract-Armed Forces of the United States), DA Form 2-1 (Personnel Qualification Record), and his DD Form 369 (Police Record Check). His SSN is listed as XXX-09-XXXX on these same documents.
4. On 18 November 1975, he was honorably released from ADT. In conjunction with his separation from active duty he signed a memorandum declining a separate document explaining the narrative reason for his separation from the U.S. Army, a narrative description of the authority for his separation, and the reenlistment code. This document shows that his SSN was corrected (pen and ink) to read XXX-05-XXXX and this same SSN is shown on his DD Form 214.
5. The applicant provides his South Carolina Commercial Driver's License which shows his DOB as X January XXX8 and his Social Security card which shows his SSN as XXX-50-XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 2-1 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered, served, and was released from active duty under the DOB he now claims is incorrect.
2. The record further shows that on the same day he was released from ADT the applicant signed a memorandum declining a separate document explaining the narrative reason, authority, and reenlistment code associated with his separation. This document corrected his SSN to show the same SSN listed on his DD Form 214 that he now contends is in error. As such no error exists in regard to the SSN listed on his DD Form 214.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN and DOB listed in the applicant's military records should not be changed at this time.
4. This Record of Proceedings will be filed in his military records to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN and DOB under which he performed his military service and the SSN and DOB he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140010862
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ABCMR Record of Proceedings (cont) AR20140010862
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