IN THE CASE OF:    

		BOARD DATE:  29 September 2015	  

		DOCKET NUMBER:  AR20150002233 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show 

* his social security number (SSN) as xxx-66-xxxx instead of xxx-15-xxxx
* his date of birth (DOB) as 25 June 1946 instead of 24 July 1946 

2.  The applicant states, in effect, the FSM's DD Form 214 contains errors.  

3.  The applicant provides the FSM's DD Form 214 and death certificate.

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.  In connection with his induction into the Army of the United States (AUS), the FSM completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 25 July 1946.  It did not list an SSN.

3.  He was inducted into the AUS on 6 July 1967.  His DD Form 47 (Record of Induction) listed his DOB as 24 July 1946 and his Service Number.  It did not list his SSN.

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his DOB as 24 July 1946 and his SSN as 
xxx-15-xxxx. 

5.  His records contain multiple personnel, medical, and other documents, specifically a DD Form 1584 (National Agency Check) and a DA Form 41 (Record of Emergency Data) that both listed his SSN as xxx-66-xxxx and his DOB as 24 July 1946. 

6.  He was honorably released from active duty on 3 July 1969.  His DD Form 214 shows in item 3 (SSN) his SSN as xxx-15-xxxx and in item 9 (DOB) his DOB as 24 July 1946. 

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the DOB: 

	a.  The evidence of record shows upon his induction into the AUS, the FSM disclosed his DOB as 25 July 1946.  His service records, however, consistently listed his DOB as 24 July 1946.  Although there is a one-day discrepancy between the DOB he disclosed and the DOB mentioned in various documents of his service record, there is no evidence he used the requested DOB (25 June 1946) at any time during his military service.  

	b.  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.  While it is understood that the applicant desires to now record a different DOB in the FSM's military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

2.  Although the FSM did not disclose an SSN upon his induction, all documents in his service record consistently showed his SSN as xxx-66-xxxx.  It appears his DD Form 214 inadvertently listed the fourth and fifth digits as 15 instead of 66.  There is sufficient evidence to show a mistake occurred on his DD Form 214. 

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 of his DD Form 214 the existing SSN and adding the SSN listed on the application (xxx-66-xxxx).  

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 the FSM's 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)                                         AR20150002233



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ABCMR Record of Proceedings (cont)                                         AR20150002233



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