IN THE CASE OF:  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120006595 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his:

* social security number (SSN) with the fifth digit of "0" instead of "2"
* date of birth (DOB) as 13  19XX instead of 14  19XX

2.  The applicant states the SSN and DOB shown on his DD Form 214 are incorrect.  The wrong DOB may have been used because he did not have his birth certificate.  He does not know why the wrong SSN was used.  He needs the corrections to prevent social security and medical problems in the future.

3.  The applicant provides copies of his:

* DD Form 214
* State of Kansas Certificate of Live Birth showing his DOB as 13  19XX
* Honorable Discharge Certificate
* Social Security Card showing the fifth digit as "0"
* Kansas Driver's License showing his DOB as 13  19XX 

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 18 October 1966.  At that time, Soldiers were issued Army service numbers.  

3.  He was honorably released from active duty on 25  1968.  His DD Form 214 shows in item 3 (SSN) the entry XXX-X2-XXXX and item 9 (DOB) contains the entry 14  19XX.

4.  A DD Form 398 (Statement of Personal History), dated 17 October 1966, and a DA Form 3027 (U.S. Army Request for National Agency Check), dated 
20 October 1966, both show his DOB as 13  19XX.

5.  His record contains the following documents showing his SSN as
XXX-X0-XXXX:

* Special Orders 18, Headquarters, 1st Cavalry Division, dated 18 January 1968, showing he was promoted to specialist five/E-5 
* General Orders 2537, Headquarters, 1st Cavalry Division, dated 22 April 1968, showing he was awarded the Bronze Star Medal 

6.  Army Regulation 635-5 (Separation Documents) establishes 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 at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the DD Form 398 and DA Form 3027, completed in conjunction with his induction, both show his DOB as 13  19XX. His promotion and award orders both show his SSN with the fifth digit of "0."  It can be presumed that the SSN and DOB entries on his DD Form 214 are incorrect as a result of clerical errors; therefore, he is entitled to the requested relief.

2.  In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214.

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 entry in item 3 and adding the SSN as it is listed on his Social Security Card
* deleting the entry in item 9 and adding the DOB as it is listed on his Certificate of Live Birth




      ____________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)                                         AR20120006595 



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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