IN THE CASE OF: BOARD DATE: 24 April 2012 DOCKET NUMBER: AR20110021719 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) as XXX-X6-XXXX vice XXX-X8-XXXX * his date of birth (DOB) as 21  vice 12  2. The applicant states his SSN and his DOB are wrong on his DD Form 214. 3. The applicant provides his DD Form 214 and his Honorable Discharge Certificate. 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 contain a DD Form 47 (Record of Induction), dated 20 March 1968, that shows his SSN as XXX-X6-XXXX and his DOB as 12  . 3. He was inducted into the Army of the United States (AUS) on 4 March 1969 and he held military occupational specialty 36K (Field Wireman). 4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as XXX-X6-XXXX and his DOB as 12  . He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block. 5. His record contains numerous personnel, finance, medical, and legal documents including several award and assignment orders that show his SSN as XXX-X6-XXXX and his DOB as 12  . 6. On 2 February 1971, he completed a Standard Form 89 (Report of Medical History) wherein he listed his SSN as XXX-X6-XXXX and his DOB as 12  . 7. Special Orders Number 53, dated 22 February 1971, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, released him from active duty effective 3 March 1971. These orders show his SSN as XXX-X6-XXXX. 8. He was honorably released from active duty on 3 March 1971 and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service. 9. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-X8-XXXX and item 9 (DOB) shows his DOB as 12  . DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's SSN was listed as XXX-X6-XXXX upon his induction into the AUS. This is the SSN he used throughout his military service. It appears an error was made when his SSN was entered as XXX-X8-XXXX on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN. 2. With respect to his request to have his DOB corrected on his DD Form 214, his DOB was listed as 12  upon his induction into the AUS and this is the DOB that he used throughout his military service. He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB. 3. 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 and there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Therefore, there is an insufficient evidentiary basis for granting this portion of the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN currently shown on his DD Form 214 and replacing it with the SSN as shown on his DA Form 20. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his DOB as 21  . __________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) AR20110021719 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1