IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150001601
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:
* date of birth (DOB) as 26 March 1945 vice 26 March 1946
* social security number (SSN) as XXX-XX-8XXX vice XXX-XX-3XXX
2. The applicant states after many years of trying to get services through the Department of Veterans Affairs (VA), he discovered that his DD Form 214 has an incorrect SSN and DOB listed. He would like the corrections made to his DD Form 214 so he may obtain the VA benefits he is entitled to.
3. The applicant provides copies of his DD Form 214, birth certificate, social security card, and U.S. Passport.
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 Maryland Army National Guard (MDARNG) on 29 July 1965. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 29 July 1965, shows his DOB as 26 March 1945. This form shows only his service number (SN) and not his SSN.
3. His record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 29 July 1965, wherein his DOB was listed as 26 March 1945.
4. He entered active duty for training (ADT) as a member of the ARNG on 27 January 1966. On 10 June 1966, he completed an SF 89 (Report of Medical History) wherein he listed his DOB as 26 March 1945.
5. His record contains several orders and personnel documents that only show his SN and not his SSN.
6. He was honorably released from ADT on 11 July 1966 to the control of the MDARNG. Item 6 (DOB) of the DD Form 214 he was issued shows his DOB as 26 March 1946. Item 32 (Remarks) of his DD Form 214 shows his SSN with the sixth digit as "3."
7. The applicant provides his social security card wherein it shows his SSN with the sixth digit as "8."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's DOB was listed as 26 March 1945 upon his enlistment in the MDARNG and this is the DOB he used throughout his military service. It appears an error occurred during the preparation of his DD Form 214 and his DOB was entered with the wrong year. Therefore, his DD Form 214 should be corrected to show his DOB as 26 March 1945.
2. Although his record does not contain any documents that show his SSN, as his DOB was listed incorrectly on his DD Form 214, it is reasonable to presume a typographical error occurred during the preparation of his DD Form 214 and the sixth digit of his SSN was incorrectly entered as 3 vice 8. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is shown on his social security card.
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 by:
* deleting the entry in item 6 and replacing it with the entry 26 March 1945
* deleting the SSN entry in item 32 and replacing it with the SSN as shown on the applicant's 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) AR20150001601
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ABCMR Record of Proceedings (cont) AR20150001601
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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