IN THE CASE OF: BOARD DATE: 2 May2023 DOCKET NUMBER: AR20220010250 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * item 3 (Social Security Number (SSN) to show in lieu of * item 9 Date of Birth (DOB) to show in lieu of APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * birth certificate * social security card 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 states his SSN and DOB were incorrectly entered on his DD Form 214 and should be corrected to show and respectively. 3. In conjunction with, but prior to his enlistment, the applicant filled out a DD Form 398 (Statement of Personal History), undated, wherein he hand-wrote his DOB as and his SSN as 4. A Standard Form 88 (Report of Medical Examination) shows the applicant underwent medical examination on 24 June 1966 for the purpose of Regular Army Enlistment. The form shows his DOB as and does not reference his SSN. 5. The applicant enlisted in the Regular Army on 30 June 1966. His DA Form 4 (Enlistment Record – Armed Forces of the United States) reflects his DOB as and does not reference his SSN, but rather his service number, RA 6. The applicant’s DA Form 20 (Enlisted Qualification Record) shows the following: * he served in Vietnam from 20 February 1967 through 19 February 1968 * his SSN is listed as * his DOB is listed as 7. Headquarters, U.S. Army Personnel Center Special Orders Number 117, dated 17 June 1969, released the applicant from active duty effective the date of the orders and transferred him to the U.S. Army Reserve (USAR) Control Group. His SSN is listed as 8. The applicant’s DD Form 214 shows he was honorably released from active duty as an overseas returnee after 2 years, 11 months, and 18 days of net active service on 17 June 1969, and transferred him to the USAR Control Group (Reinforcement). His SSN is reflected as and his DOB is reflected as 9. USAR Components Personnel and Administration Center Letter Orders Number 05- 1180758, dated 24 May 1972, honorably discharged the applicant from the USAR Control Group (Standby) due to expiration term of service on 24 May 1972. His SSN is listed on the orders as 10. All documents in the applicant’s available service records reflect his SSN as or his DOB as. There are no documents in the applicant’s available service records showing his SSN as or his DOB as. 11. The applicant provided a copy of his birth certificate, which shows his DOB as and he provided a copy of his social security card, which shows his SSN as BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence also shows the applicant’s birth certificate clearly listed his DOB as. However, when enlisting officials recorded his DOB, they erroneously listed the date the birth certificate was confirmed rather than the date he was born. The evidence also shows the applicant used the contested SSN ending with the numbers during his entire period of service. There is no evidence he used the requested SSN ending with the numbers during his military service. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created, unless there is sufficient evidence that shows a material error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 to show 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 his social security number. 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. 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 (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 and established standardized policy for preparing and distributing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for preparation of the DD Form 214 state the following: * item 3 (Social Security Number) transcribe the social security account number from the DA Form 2139 (Military Pay Voucher) * item 9 (Date of Birth) self-explanatory //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010250 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1