IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013479 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013479 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. IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013479 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 Unites States Report of Transfer or Discharge) to reflect his social security number (SSN) as XXX-XX-xxXX and his date of birth (DOB) as . 2. The applicant states he was informed his SSN and DOB were incorrect when applying for social security disability benefits. These errors are preventing him from receiving benefits from the Department of Veterans Affairs. 3. The applicant provides: * driver's license * social security card * birth certificate * letter from the Social Security Administration * DD Form 214 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 U.S. Army Reserve on 27 March 1973. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as XXX-XX-xxXX and his DOB as . 3. The following documents in his military records all show his SSN as XXX-XX-49XX and his DOB as XX March 1955: * Standard Form 88 (Report of Medical Examination), dated 21 March 1973 * DD Form 44 (Record of Military Status of Registrant), dated 30 March 1973 * DA Form 20 (Enlisted Qualification Record) 4. On 23 October 1973, he was honorably discharged as a Reservist of the Army. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as XXX-XX-xxXX. Item 9 (DOB) of his DD Form 214 shows his DOB as . 5. There are no documents in his military records showing his SSN as XXX-XX-xxXX or his DOB as . The driver's license he provided shows his DOB as . His social security card shows his SSN as XXX-XX-xxXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. There is no evidence the DOB shown on his birth certificate, or the SSN shown on his social security card, XXX-XX-xxXX, were ever recorded in his military records. 2. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that the DOB and SSN shown on his DD Form 214 were appropriately derived from his service records at the time of preparation. 3. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable he now desires to record his birth date and SSN as they are reflected on his birth certificate and social security card, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 4. A copy of this decisional document will be filed in the applicant's official military records. This should serve to clarify any questions or confusion regarding the difference in the birth date and SSN recorded in his military records and those shown on his birth certificate and social security card. //NOTHING FOLLOWS//