BOARD DATE:  19 July 2018

		DOCKET NUMBER:  AR20170001711


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	 	:	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		
		BOARD DATE:  19 July 2018

		DOCKET NUMBER:  AR20170001711


APPLICANT'S REQUEST AND STATEMENT:

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- and his date of birth (DOB) as .

2.  The applicant states his DD Form 214 shows his SSN as xxx-xx- and his DOB as .  The applicant states that the military made the mistake when printing his DD Form 214. 

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  The applicant provided:   

* Social Security Card, dated 6 March 2013
* Certificate of Birth, dated 24 January 2014
* Copy of DD Form 214 (Name document)

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

* DD Form 4 (Enlistment or Reenlistment Document – Armed Forces of the United States), dated 31 May 1978
* DD Form 93 (Record of Emergency Data), dated 1 November 1978
* VA Form 29-8286 (Servicemen’s Group Life Insurance Election) dated, 1 November 1978
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated, 12 December 1978
* Record of Proceedings AR20110022289, dated 15 May 2012




REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents) establishes the policy for preparing and distributing the DD Form 214.  The regulation directs 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:

1.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the Army Board for Correction of Military Records (ABCMR) has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, and 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 ABCMR previously considered a case by the applicant, Docket Number AR20119922289, dated 15 May 2012.  The application was denied.    

3.  The applicant enlisted in the Indiana National Guard (INARNG) on 31 May 1978.  His DD Form 4 shows his SSN as xxx-xx- and his DOB as .

4.  His DD Form 93 and VA Form 29-8286 dated 1 November 1978 show his SSN as xxx-xx- but do not show his DOB.

5.  A DA Form 873 dated 12 December 1978 shows his SSN as xxx-xx- and DOB as .

6.  The applicant provides a copy of his social security card, which shows the SSN he contends is correct.  However, there is no evidence of record that shows he used the requested SSN during his period of military service.  

7.  All of the documents in his military record show his SSN as xxx-xx-; however, his DA Form 873 shows his DOB as , which is the DOB he requests.

8.  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.  

9.  The applicant is advised that 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 about the difference in the SSN recorded in his military records and his desire to have his current SSN documented in his OMPF.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706