IN THE CASE OF: 

		BOARD DATE: 17 August 2021

		DOCKET NUMBER: AR20210006277


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 9 January 1958 to show:

*	his date of birth (DOB) as shown on his birth certification
*	his social security number (SSN) as shown on his social security card

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552) (two copies)
*	Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service 
Organization as Claimant's Representative), 2 October 2020
*	DD Form 214
*	Certification of Birth, issued Social Security Card
*	unidentified military document
*	Honorable Discharge Certificate

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant's complete military records are not available to the Board for review. A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center in 1973. It is believed that the applicant's records were lost 
or destroyed in that fire. However, the applicant provides his DD Form 214 and other 
sufficient documents for the Board to conduct a fair and impartial review of his case.

3.  The Board will not consider the portion of the applicant's request that relates to 
correcting his SSN on his DD Form 214, as this contention will be addressed through an 
administrative correction.



4.  The applicant states his DOB is incorrect as shown on his DD Form 214.

5.  He was inducted into the Army of the United States on 288 May 1956.

6.  He was honorably released from active duty on 9 January 1958. Item 6 (DOB) of his 
DD Form 214 shows a completely different birth date than shown on the birth certificate 
he provided.

7.  The applicant also provided:

	a.  a copy of his social security card showing his requested SSN;

	b.  an unidentified military document showing his type of discharge, active duty entry 
date, discharge date, and DOB. This document shows his DOB as a completely 
different birth date than shown on the birth certificate he provided; and

	c.  his Honorable Discharge Certificate.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
Evidence of record shows the applicant used the contested DOB during his entire 
period of service.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

2.  The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in his DOB recorded in his military records and to satisfy his desire to have 
the requested DOB documented in his military records.

3.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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.


	 
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.


ADMINISTRATIVE NOTE(S):

1.  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.

2.  The version of the applicant's DD Form 214 at the time of his discharge did not have 
a required entry for the SSN. However, subsequent versions of Army Regulation 635-5 
(Personnel Separations – Separation Forms) stated to enter the SSN in item 32 
(Remarks) of the DD Form 214. Therefore, as a matter of equity and without action by 
the Board, his SSN as shown on his social security card should be entered on his 
DD Form 214 in the remarks block.


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 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 (Administrative Separation Procedures and Forms), 12 June 
1956, established uniform administrative procedures and separation forms to be used in 
connection with the relief from active duty or complete separation from military service 
of commissioned officers, warrant officers, and enlisted personnel. It established 
standardized policy for preparation of the DD Form 214 to be used in obtaining the 
rights and benefits of the veteran at the time of separation. The specific instructions for 
item 6 stated to enter the DOB (self-explanatory).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210006277


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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