IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015470
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 a different social security number (SSN) than the one shown. Additionally, he requests his date of birth be listed as 27 instead of 25 October.
2. He states his SSN and date of birth on his DD Form 214 are incorrect.
3. He provides his DD Form 214, birth certificate, and Letter Orders Number 06-1204704.
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 military records, for the period of his DD Form 214, are not available to the ABCMR for review. This case is being considered using the documents provided by the applicant.
3. The available records show the applicant enlisted in the Regular Army on
12 July 1966. He was honorably released from active duty on 11 July 1969 and transferred to the U.S. Army Reserve (USAR). He completed 3 years of active duty service.
4. His DD Form 214 shows in:
* Item 3 (SSN), XXX-XX-5285
* Item 6 (Date of Birth), 25 October
5. He provides a copy of a Certificate of Live Birth, dated 20 March 2012, which shows his date of birth was 27 October.
6. He also provides Letter Orders Number 06-1204704, dated 21 June 1972, that show he was discharged from the USAR effective 11 July 1972. This order lists his SSN as XXX-XX-0060.
7. Army Regulation 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states 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, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While it is understood that the applicant desires to have his DD Form 214 corrected to show the date of birth and SSN that he now claims are correct, there are no documents available that show he used XXX-XX-0060 or 27 October as his SSN and date of birth during his active duty military service. Therefore, in the absence of documentation to verify the SSN and date of birth he used throughout his military service, the presumption of regularity must be applied.
2. 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 correct SSN and date of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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 and date of birth recorded in his military record and to satisfy his desire to have his correct SSN and date of birth documented in his OMPF.
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) AR20140015470
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015470
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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