IN THE CASE OF:	  

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150003134 


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 (Report of Separation from Active Duty) to show his:

* date of birth (DOB) as 18 September 1958 vice 18 September 1957
* social security number (SSN) as XXX-XX XXX1 vice XXX-XX-XXX3

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

3.  The applicant provides his birth certificate and 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’s records show, in conjunction with his upcoming enlistment in the Regular Army (RA), he completed a DD Form 1966 (Application for Enlistment - Armed Forces of the United States) on 16 August 1976 wherein he listed his DOB as 18 September 1957 and his SSN with the last digit as 3.  He authenticated this form by placing his signature in the appropriate block on that date.

3.  He enlisted in the U.S. Army Reserve (USAR) delayed entry program (DEP) on 17 August 1976.  His DD Form 4 (Enlistment or Reenlistment Agreement), dated 17 August 1976, shows his DOB as 18 September 1957 and his SSN with the last digit as 3.  He was discharged from the DEP on 19 August 1976.

4.  He enlisted in the RA on 20 August 1976.  His DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his SSN with the last digit as 3.  He authenticated this form by placing his signature in the appropriate block on 24 August 1976 and again when he reviewed this form on 13 January 1977.

5.  His record contains numerous orders, personnel, medical, and legal documents, to include a Standard Form 88 (Report of Medical Examination), dated 8 September 1977, that all show his DOB as 18 September 1957 and/or his SSN with the last digit as 3.  He authenticated many of these forms by placing his signature in the appropriate block. 

6.  He was discharged from the RA on 8 December 1977.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last digit as 3.  Item 4 (DOB) of his DD Form 214 shows his DOB as 18 September 1957.

7.  The applicant provides his birth certificate, issued on 5 June 1986, wherein it shows his DOB as 18 September 1958.  He also provides a social security card wherein it shows his SSN with the last digit as 1. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms when the applicant enlisted in the USAR DEP and the RA he listed his DOB as 18 September 1957 and his SSN with the last digit as 3, and these are the DOB and SSN he used throughout his active duty service.  He authenticated many forms verifying these were his DOB and SSN.  His DD Form 214 correctly shows his DOB as 18 September 1957 and his SSN as XXX-XX-XXX3, the DOB and SSN he used at the time.

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.  While it is understandable that the applicant now desires to record his DOB as it is shown on his birth certificate and the SSN he now uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his DOB and the SSN he now uses and the DOB and SSN recorded in his military record.

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)                                         AR20150003134





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ABCMR Record of Proceedings (cont)                                         AR20150003134



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