BOARD DATE:	19 May 2015

		DOCKET NUMBER:  AR20140017776 


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) for the period ending 16 May 1981 to show his:

* social security number (SSN) as "XXX-X4-XXX4" instead of
"XXX-X3-XXX5"
* date of birth (DOB) as 12 June 1964 instead of 12 June 1963

2.  The applicant states his SSN and DOB are incorrectly annotated on his
DD Form 214. 

3.  The applicant provides:

* DD Form 214
* 2 National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service)
* DA Form 3725 (Army Reserve Statement and Address Verification)
* DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* a letter
* DA Form 4688/1 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting or Reenlisting in the Individual Ready Reserve)
* DARP Form 1103 (Follow-Up Questionnaire to Army Reserve Status and Address Verification)
* Orders B-05-090203
* DD Form Number 256A (Honorable Discharge)
* Certificate of Birth Registration
* 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 Army National Guard (ARNG) on 24 September 1980.  His enlistment documents list his SSN as "XXX-X3-XXX5" and his DOB as 12 June 1963.

3.  The applicant was released from active duty training on 16 May 1981.  The DD Form 214 he was issued lists his SSN as "XXX-X3-XXX5" and his DOB as  12 June 1963.  

4.  A review of all documents contained in the applicant's military personnel record shows he served under the same DOB (12 June 1963) that is reflected on his DD Form 214 throughout his tenure of service.

5.  The applicant's record contains several documents that list his SSN as                      "XXX-X4-XXX4."  In addition, the applicant provides and his record contains an NGB Form 22, dated 25 July 1987, which lists his SSN as he requests.

6.  The applicant provides a copy of his social security card that lists his SSN as "XXX-X4-XXX4."  He also provides a Certificate of Birth Registration from the State of New York that lists his DOB as 12 June 1964.

7.  Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the DOB and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests to correct his DD Form 214 for the period ending 16 May 1981 to show his DOB as something other than what is listed, all of the documents in his military service records show he served in the Army using the same DOB throughout his tenure of service.  The available evidence does not show he ever used the DOB listed on his Certificate of Birth Registration at any time throughout his service.

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.  However, 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 DOB recorded in his military records and to satisfy his desire to have his correct DOB documented in his OMPF.

3.  However, the applicant's record contains several documents that list his SSN as "XXX-X4-XXX4."  In addition, the applicant provides and his record contains an NGB Form 22, dated 25 July 1987, which lists his SSN as he requests.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 May 1981 to show the SSN as shown on his social security card.

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 from item 3 (SSN) of his DD Form 214 for the period ending 16 May 1981 the current SSN entry and replacing it with the SSN that is listed 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 changing his DOB.  




      _______ _ 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)                                         AR20140017776





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ABCMR Record of Proceedings (cont)                                         AR20140017776



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