IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013021
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 show his social security number (SSN) as XXX-XX-4169 versus XXX-XX-2169. He also requests correction of his date of birth (DOB) to show 10 January 1950 instead of 10 January 1946.
2. The applicant states, in effect, his SSN is XXX-XX-4169 not
XXX-XX-2169 and his DOB is XX January 1950 instead of XX January 1946.
3. The applicant provides his birth certificate 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 enlisted in the Regular Army on 9 November 1967.
3. On 24 April 1969, he was discharged from active duty. His
DD Form 214 shows his SSN as XXX-XX-2169 and his DOB is shown as
10 January 1946.
4. His records contain the following:
* DA Form 20 (Enlisted Qualification Record) that shows his SSN as XXX-XX-2169 and DOB as 10 January 1950
* DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his DOB as 10 January 1950; it does not show an SSN
* DD Form 398 (Statement of Personal History) that shows his SSN as XXX-XX-2169 and DOB as 10 January 1950
* DD Form 1584 (National Agency Check Request) that shows his SSN as XXX-XX-2169 and DOB as 10 January 1950
5. He provides a copy of his social security card, which shows his SSN as
XXX-XX-4169 and a birth certificate which shows his DOB as 10 January 1950.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's DOB on his DD Form 214. Therefore, it would be appropriate to correct this error at this time.
2. Although he provides a copy of his social security card, the evidence of record shows, throughout his term of military service, his SSN consistently appeared as XXX-XX-2169 on key documents in his available service personnel record that also bear his signature.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.
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 amending his DD Form 214 to show his DOB as 10 January 1950, as listed on his DD Form 398.
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 amending his DD Form 214 to show the SSN listed on his social security 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) AR20140013021
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013021
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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