IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014753 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014753 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: a. deleting from item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and b. adding the SSN that is listed on his social security card. 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 changing his date of 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. IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014753 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-XX-XXX8" instead of "XXX-XX-XXX4" * date of birth (DOB) as "X3 XXXX" instead of "X1 XXXX" 2. The applicant states his SSN and DOB are incorrectly annotated on his DD Form 214. 3. The applicant provides: * Certificate of Birth * DD Form 214 * DD Form 256A (Honorable Discharge) * Letter Orders Number 07-1019091 * social security card * Commercial Driver License 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 398 (Statement of Personal History) completed at the time of enlistment which lists his SSN as "XXX-XX-XXX8." This form further shows he listed his DOB as "X1 XXXX." In addition, a review of all documents contained in the applicant's military personnel record shows he served under the same DOB (X1 XXXX) throughout his tenure of service that is reflected on his DD Form 214. 3. He enlisted in the Regular Army on 6 June 1967. 4. On 11 October 1968, the applicant was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX4." Item 9 (DOB) of his DD Form 214 shows his DOB as "X1 Feb XX." 5. He provided a copy of his social security card, which lists his SSN as "XXX-XX-XXX8." He also provides a copy of his Certificate of Birth, which lists his DOB as "X3 XXXX." REFERENCES: Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the DOB and SSN of the separating service member would be entered on the DD Form 214. DISCUSSION: 1. Although the applicant requests correction of his DD Form 214 to show his DOB as something other than what is listed, all of the documents in his military service records show he served in the Army using X1 XXXX as his DOB and he used this DOB throughout his tenure of service. 2. The available evidence does not show he used the DOB listed on his Certificate of Birth during the time he served on active duty. 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. A copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the DOB recorded in his military records and to satisfy his desire to have the DOB listed on his Certificate if Birth documented in his OMPF. 4. The applicant's SSN appears as "XXX-XX-XXX8" on his DD Form 398; however, it appears as "XXX-XX-XXX4" on his DD Form 214. It is logical to conclude that an administrative error occurred during the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014753 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014753 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2