IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006589 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 the date of birth (DOB) and social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states the DOB and SSN listed on his DD Form 214 are in error. 3. The applicant provides a copy of his birth certificate and his social security card in support of his request. 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 record shows he was inducted into the Army of the United States on 1 April . The DD Form 47 (Record of Induction) prepared during his induction processing does not list his SSN. The service number was the primary identification number used by the Army at the time. The DOB listed on his DD Form 47 is  March. 3. The applicant's record contains a DD Form 398 (Statement of Personal History) and a DD Form 1584 (National Agency Check) which were completed during his induction processing, dated 25 March and 10 April , respectively. Both documents list his SSN as XXX-3X-XXXX and his DOB as  March. 4. The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 5 April upon his entry on active duty lists his SSN as XXX-3X-XXXX and his DOB as  March. 5. The DD Form 214 issued to the applicant upon his release from active duty on 26 November lists his SSN as XXX-0X-XXXX and his DOB as  April . This entry was Xd out, the correct DOB entered, and was initialed by the applicant. 6. The applicant provides a copy of his birth certificate that lists his DOB as  March and a social security card that lists his SSN as XXX-3X-XXXX. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct the DOB and SSN shown on his DD Form 214 has been carefully considered and is found to have merit. 2. The evidence of record confirms the applicant provided his correct SSN at the time of his enlistment entry on active duty as evidenced by the DD Form 398 and DD Form 1584 completed during his induction processing and on the DA Form 20 prepared upon his entry on active duty. Therefore, it would be appropriate to correct his DD Form 214 accordingly. 3. Although the applicant’s DD Form 214 was corrected to show his correct DOB, the manner of correction was not authorized. Therefore, it would be appropriate to amend it correctly at this time. BOARD VOTE: ___X____ ____X __ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 current SSN and DOB and replacing them with the DOB and SSN shown on his DA Form 20 and the birth certificate and social security card provided by the applicant. __________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) AR20120006589 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006589 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1