IN THE CASE OF: BOARD DATE: 25 August 2011 DOCKET NUMBER: AR201100043 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 records to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX9" and to show his date of birth (DOB) as " June " instead of " December ." 2. The applicant states he was a young man without direction and his mother wanted him out of her life. He contends his mother signed all his papers and incorrectly documented his DOB and SSN so he would be accepted upon enlistment. 3. The applicant provides a DD Form 2 (Armed Forces of the United States Report of Transfer or Discharge), copies of his birth record and social security card, and a Social Security Administration SSN Printout. 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 Regular Army on 26 February 1971. His DD Form 4 (Enlistment Contract) shows the SSN and DOB he now claims are incorrect. 3. All documents in his entire official military personnel file (OMPF) show the SSN and DOB he now claims are incorrect. 4. He was released from active duty on 5 December 1973. His DD Form 2 shows the SSN and DOB he now claims are incorrect. 5. There is no evidence in his OMPF showing he ever served under the SSN and DOB he now claims are correct. 6. He provided a Social Security Administration SSN Printout and copies of his birth record and social security card that show the SSN and DOB he now claims are correct. 7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 2. It states the DD Form 2 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 applicant's contention that his records should be corrected to show a different SSN and DOB has been carefully considered. 2. The evidence of record shows he served under the SSN "XXX-XX-XXX9" and DOB of " December " throughout his entire military career. For historical purposes, the Army has an interest in maintaining the accuracy 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 his desire to now record his correct SSN and DOB in his military records is understandable, 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 along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the SSN and DOB recorded in his military record and to satisfy his desire to have his correct SSN and DOB documented in his OMPF. 4. In view of the above, his request should be denied. 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 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) AR201100043 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR201100043 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1