IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011154 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: 

* change her social security number from "XXX-XX-1954" to "XXX-XX-6429"
* change her date of birth (DOB) from 22 XXXXX 1961 to 22 XXXXX 1962

2.  The applicant states her DOB and SSN are incorrect. 

3.  The applicant provides her 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 Pennsylvania Army National Guard (PAARNG) on 11 April 1980.  Her DD Form 4 (Enlistment/Reenlistment Document) listed her SSN as "XXX-XX-1954" and her DOB as "22 XXXXX 1962." 

3.  Her DD Form 1966 series (Application for Enlistment/Record of Military Processing) shows the SSN and DOB that are listed on her DD Form 4.  She authenticated some of these forms with her initials or signature. 

4.  She entered active duty for training on 15 June 1980.  She completed the required training for award of military occupational specialty 75C (Personnel Management Specialist). 

5.  Her DA Form 2-1 (Personnel Qualification Record), which was created upon entry on active duty, lists the SSN (XXX-XX-1954) and DOB (22 XXXXX 1962) that are shown on her DD Form 4. 

6.  On 18 October 1980, she submitted a DA Form 428 (Application for Identification Card).  She listed her SSN as (XXX-XX-1954) and her DOB as
"22 XXXXX 1961." 

7.  She was honorably released from on 29 September 1980.  Her DD Form 214 shows in item 3 (SSN) "XXX-XX-1954" and in item 5 (DOB) 
"22 XXXXX 1961." 

8.  She continued to serve in the ARNG until she was ultimately discharged as an unsatisfactory participant on 7 February 1984.  Her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) as amended by her NGB Form 22 A (Correction to NGB Form 22) lists her SSN as 
"XXX-XX-1954" and her DOB as "22 XXXXX 1961." 

9.  She provides: 

	a.  A social security card, issued on 4 April 2011, that lists a name similar to hers and the SSN as "XXX-XX-6429."

	b.  Driver's license, issued on 2 May 2013, that also lists a name similar to hers and the DOB as "22 XXXXX 1962." 

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the DOB: 

	a.  When the applicant enlisted in the ARNG on 11 April 1980, she listed her DOB as 22 XXXXX 1962.  But when her DA Form 2-1 was created, for unknown reasons, the year of birth was changed to 1961.  Likewise, when she applied for a military identification card, she listed her year of birth as 1961. 

	b.  Although the year of birth is inconsistent throughout her service, because she disclosed her year of birth as 1962 upon enlistment and she did not request a change to this date, her DD Form 214 should have listed a similar year of birth. Therefore, she is entitled to correction of her DD Form 214 to show her year of birth as 1962 vice 1961. 

2.  With respect to the SSN: 

	a.  The evidence of record shows the applicant used the SSN "XXX-XX-1954" when she first enlisted in the ARNG in April 1980.  This SSN is consistent with the SSN on all official military records throughout her military service.  She authenticated several forms that contain this SSN.  She did not use the SSN she currently uses during her military service.

	b.  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 the applicant desires to now record a different SSN in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

	c.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that her military service record, including the DD Form 214, were correct at the time.  In view of the foregoing, there is an insufficient evidentiary basis to change her SSN or grant this portion of the requested relief.




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 existing DOB from item 5 of her DD Form 214, ending on 29 September 1980, and adding the DOB as it is listed on her DD Form 4 and driver's license. 

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 changing her SSN. 



      _______ _   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)                                         AR20140011154



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ABCMR Record of Proceedings (cont)                                         AR20140011154



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