IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012660
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 social security number (SSN) in a Department of Veterans Affairs (VA) database and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 August 1962 to show his date of birth (DOB) as 13 July 1942 vice 14 July 1941.
2. He states that is his social security for his term of military service was not included when he filed for retirement. He notes that his DD Form 214 shows his correct SSN, but it was not entered correctly in a VA database.
3. The applicant provides a copy of his Certificate of Birth and a copy of his 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 has requested correction of an entry in a VA database. The ABCMR does not have jurisdiction over VA records. As such, he wilI need to contact the VA for assistance. This portion of his request will not be addressed further in these proceedings.
3. With prior service in the Army National Guard, he entered active duty on 19 October 1961. On 8 August 1962, he was released from active duty. The DD Form 214 he was issued shows his DOB as 14 July 1941.
4. There are no documents in his MPRJ that show his DOB as 13 July 1942.
5. The birth certificate the applicant provided shows his DOB as 13 July 1942.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant had an opportunity from 19 October 1961 to 8 August 1962, to correct his DOB; however, he failed to do so.
2. 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 that he now desires to record his DOB in his military records as it is listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his MPRJ and the DOB listed on his birth certificate and to satisfy his desire to have the DOB listed on his birth certificate documented in his MPRJ.
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) AR20140005280
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012660
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011154
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. Her DD Form 4 (Enlistment/Reenlistment Document) listed her SSN as "XXX-XX-1954" and her DOB as "22 XXXXX 1962." The evidence of record shows the applicant used the SSN "XXX-XX-1954" when she first enlisted in the ARNG...
ARMY | BCMR | CY2010 | 20100013219
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100013219 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The middle name, SSN, and DOB listed on the social security card and/or birth certificate are different from the name, SSN, and DOB shown throughout the applicant's military records. The middle name, SSN, and DOB shown on the social security card and/or birth certificate are not consistent with the middle name, SSN, and DOB entered on the applicant's DD Form 4, DA...
ARMY | BCMR | CY2011 | 20110017608
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of birth (DOB), social security number (SSN), and place of birth. All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the DOB as those entered on his DD Form 41 and DA Form 20. The evidence of record...
ARMY | BCMR | CY2010 | 20100021677
The applicant's SSN is not record in his MPRJ other than on his DD Form 214. _________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) AR20100021677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | 20140019834
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) be corrected to show his date of birth (DOB) as 8 March 1944. He completed his training as an infantryman and was returned to his INARNG unit where he remained until he was honorably discharged on 22 January 1962 to enlist in the Regular Army. The applicant enlisted and served all of his time using the DOB that is reflected on his DD Form 214.
ARMY | BCMR | CY2013 | 20130005142
On 22 June 1971 in preparation for his upcoming enlistment in the Regular Army, the applicant completed a fingerprint card and police record check form wherein he recorded his SSN as "XXX-XX-5150" and his place of birth as "Asswan [sic], Israel." He provides: * a printout from the VBA which identifies his SSN as "XXX-XX-5150" * a letter from the Social Security Card Center, Brooklyn, NY, dated 25 February 2013, which states he was issued the requested SSN, "XXX-XX-5029," and erroneously...
ARMY | BCMR | CY2012 | 20120002878
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * middle name as Everett instead of Elwood * social security number (SSN) as XXX-XX-0786 instead of XXX-XX-0854 * date of birth as 27 December 1962 instead of 27 December 1961 2. __________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...
ARMY | BCMR | CY2014 | AR20140010323
The applicant requests his date of birth (DOB) and social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 September 1968. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last four numerals "51x6" and his DOB as 31 August 1948. Therefore, there is sufficient evidence to correct his DD Form 214 to show his DOB as 31 August 1948.
ARMY | BCMR | CY2011 | 20110006526
Application for correction of military records (with supporting documents provided, if any). The applicant states the SSN and DOB listed on his DD Form 214 should be corrected. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 26 June 1968, upon his entry on active duty, lists his SSN using the number 3 as the last digit in item 1 (Name and SN), and lists his DOB as 23 Axxxxx xxx8 in item 6 (DOB).
ARMY | BCMR | CY2009 | 20090021529
The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.