IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140012260
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:
* social security number (SSN) as 068-xx-xxxx instead of 060-xx-xxxx
* place of birth (POB) as Buffalo, NY vice Rochester, NY
2. The applicant states his SSN contains the number "8" in the third digit and he was born in Rochester.
3. The applicant provides:
* DD Form 214
* National Archives and Records Administration (NARA) Form 13038 (Certificate of Military Service)
* State of New York Certified Transcripts of Birth
* 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. The applicant's records show he enlisted in the Regular Army on 13 May 1980. His DD Form 4 (Enlistment/Reenlistment Document) listed his SSN as "068-xx-xxxx" and his home of record as Rochester, NY. All allied documents list a the same SSN and his POB as Rochester, NY.
3. His DA Form 2-1 (Personnel Qualification Record) which was created upon entry on active duty lists his SSN as "068-xx-xxxx."
4. All documents in his records confirm his SSN as "068-xx-xxxx" and his POB as Rochester, NY.
5. He was honorably released from active duty on 11 May 1984. Item 3 (SSN) of his DD Form 214 lists his SSN as "068-xx-xxxx." However, the form itself is faded and the third digit appears as a "0" instead of an "8." His DD Form 214 does not show his POB.
6. On 4 August 2004, NARA issued him a Certification of Military Service. The NARA Form 13038 lists his SSN as "060-xx-xxxx" and his POB as Buffalo, NY.
7. He provides a birth certificate that shows he was born in Rochester, NY, and a social security card that lists his name and the SSN "68-xx-xxxx."
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation states 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. The applicant's enlistment contract listed his SSN as "068-xx-xxxx." This SSN is consistent with the SSN shown on multiple documents throughout his military service, including his DD Form 214. However, the available copy of his DD Form 214 is faded and the third digit of his SSN appears to be a "0" instead of an "8." Although his SSN is correctly shown on his DD Form 214, as a matter of clarity, there would be no harm if the applicant was provided a document to reflect his illegible SSN on his DD Form 214.
2. His DD Form 214 does not show his POB. His NARA Form 13038 shows he was born in Buffalo, NY. Unfortunately, the NARA Form 13038 is not a military record and correction of this form is not within the purview of this Board. The applicant is advised to address issues related to this form to the NARA.
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 illegible entry in item 3 of the DD Form 214 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 correcting his place of birth on the NARA Form 13038.
__________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) AR20140012260
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140012260
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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