IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150003445
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 item 3 (Social Security Number (SSN)) and item 9 (Date of Birth (DOB)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states item 3 on his DD Form 214 should read XX7-XX-XXXX instead of XX2-XX-XXXX and item 9 should read X March 1945 as his DOB instead of X March 1943.
3. The applicant provides:
* Veterans Administration Card (Undated)
* DD Form 214 dated 23 August 1967
* Certificate of Birth, dated 21 February 2002
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 was inducted into the Army of the United States on 9 September 1965. His record of induction shows his DOB as X March 1945. His Armed Forces of the United States Identification Card shows X March 1945 as his DOB.
3. The applicant's DA Form 20 (Enlisted Qualification Record), dated 15 September 1965 lists his SSN as XX7-XX-XXXX and his DOB as X March 1945.
4. The applicant's official military record contains a DA Form 41 (Record of Emergency Data) which shows his DOB as listed on his DA Form 20.
5. On 23 August 1967, he was honorably released from active duty as an overseas returnee. Item 3 on his DD Form 214 lists his SSN as XX2-XX-XXXX and item 9 lists his DOB as X March 1943.
6. The applicant provides a copy of his Certificate of Birth which shows his DOB as X March 1945.
7. Army Regulation 635-5 (Separation Documents), in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 applicant's DA Form 41 and DA Form 20 show the same DOB as shown on his certificate of birth. His DA Form 20 show his SSN at XX7-XX-XXXX. However, his DD Form 214 shows an incorrect SSN and DOB.
2. It is apparent that clerical errors occurred in the preparation of his DD Form 214 as supported by the evidence of record. Therefore, it would be appropriate to correct his records to show his SSN and DOB as recorded on his DA Form 20.
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 item 3 and item 5 on his DD Form 214 to show his SSN and DOB as listed on his DA Form 20.
_______ _ __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) AR20150003445
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