IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130001923 


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 it is listed on his Social Security Card and the year of his date of birth (DOB) as it is listed on his Birth Certificate.

2.  The applicant states, in effect, that the SSN and DOB on his DD Form 214 are not reflective of what was given to him at birth.

3.  The applicant provides copies of his:

* DD Form 214
* Birth Certificate, issued on 7 January 1952, with translation
* Social Security Card

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 copy of the same translation of his Birth Certificate as he has provided with his application indicating that he was born in 
.

3.  The applicant's records contain a copy of his DA Form 20 (Enlisted Qualification Record) indicating that his DOB was originally entered as x Jxxx ; but his year of birth was changed due an unknown reason to show the year as .  This document lists an SSN that is different from the SSN listed on his Social Security Card.

4.  The applicant's records contain the following documents that list his SSN as it is listed on his Social Security Card:

	a.  DA Form 137 (Installation Clearance Record) date stamped 15 April 1971;

	b.  DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist) dated 19 April 1971;

	c.  DA Form 3327 (Individual Organizational Clothing and Equipment Record) dated 21 April 1971; and

	d.  DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) dated 22 April 1971.

5.  On 22 April 1971, the applicant was released from active duty and transferred to the USAR.  He was issued a DD Form 214 showing an SSN different from that shown on his Social Security Card and the year of his DOB is shown as .

6.  Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in Item 3 (SSN) of the DD Form 214 and the DOB to be entered in Item 9 (DOB).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct SSN and year of birth as .

2.  The evidence of record shows the applicant's SSN and DOB were recorded both correctly and incorrectly in his records.  However, the available documents make it clear that he used the SSN that is listed on his Social Security Card during his period of active service.  Furthermore, a translated copy of his Birth Certificate was filed in his service record which shows his year of birth as .  Therefore, his DD Form 214 should be corrected to show his SSN as it is listed on his Social Security Card and his year of birth as it is listed on his Birth Certificate.

3.  The Army has an interest in maintaining the integrity 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.

4.  In view of the above, the applicant’s request should be granted.

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 deleting the entry in:

* Item 3 of his DD Form 214 and adding the SSN as it is listed on his Social Security Card
* Item 9 of his DD Form 214 and adding the DOB as it is listed on his Birth Certificate



      _______ _   _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)                                         AR20130001923



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ABCMR Record of Proceedings (cont)                                         AR20130001923



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