IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140010323
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 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.
2. The applicant states his DOB and SSN are incorrect on his DD Form 214.
3. The applicant provides his:
* DD Form 214
* record of birth
* social security card
* Massachusetts driver's license
* military identification (ID) card
* two additional ID cards
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. On 13 October 1965, he enlisted in the Regular Army. His
DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his DOB as 31 August 1948.
3. A DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated
30 September 1965, shows his DOB as 31 August 1948.
4. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last four numerals "51x6" and his DOB as 31 August 1948.
5. On 30 September 1968, he was honorably released from active duty. His DD Form 214 shows in:
* item 3 (SSN) - his SSN with the last four numerals "56x3"
* item 9 (DOB) - 3 August 1948
6. There is no DA Form 2139 (Military Pay Voucher) in his Military Personnel Records Jacket (MPRJ).
7. His Record of Birth from the Commonwealth of Massachusetts shows his DOB as 31 August 1948.
8. His Massachusetts driver's license, issued on 26 August 2013, shows his DOB as 31 August 1948.
9. His social security card shows his SSN with the last four numerals "51x6."
DISCUSSION AND CONCLUSIONS:
1. His DA Form 20 and social security card show his SSN with the last four numerals "51x6." Therefore, there is sufficient evidence to correct his
DD Form 214 to show his SSN as shown on his social security card.
2. His DD Form 4, DD Form 373, DA Form 20, and birth certificate show 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.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 with an effective date of 30 September 1968 as follows:
a. Deleting the current entry in item 3 and replacing it with the SSN shown on his social security card.
b. Deleting the current entry in item 9 and replacing it with "31 August 1948."
__________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) AR20140010323
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010323
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