IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20100030552 


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 first and middle names as "Larry J." and his social security number (SSN) as "X27-X4-XXXX."

2.  The applicant states his first and middle names are "Larry J." and his SSN is "X27-X4-XXXX."

3.  The applicant provides his DD Form 214, a signed computer printout from the Social Security Administration (SSA), his social security card, and a Standard Certificate of Birth.

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 military records show he enlisted in the Regular Army on 10 October 1966, was awarded the military occupational specialty of radio teletype operator, served in Vietnam, and was promoted to pay grade E-6.

3.  When the applicant enlisted he completed a DD Form 4 (Enlistment Record – Armed Forces of the United States).  In that document he listed his first and middle names as "Lawrence Joseph" and signed it as "Lawrence Joseph."  This document does not contain an SSN.

4.  All the documents in the applicant's records which list his full name show it as "Lawrence Joseph" and he signed all documents as Lawrence or Lawrence Joseph.

5.  However, the applicant's Record of Emergency Data; Letter Orders Number 09-1365626, dated 20 September 1972; and Special Orders Number 234, dated 21 August 1968, list the applicant's SSN as "X27-X4-XXXX."

6.  Three documents in the applicant's records list the applicant's SSN as that shown on his DD Form 214.

7.  The documents provided by the applicant from SSA show his first and middle names as "Larry Joe" and his SSN as "X27-X4-XXXX."

DISCUSSION AND CONCLUSIONS:

1.  Since half the documents in the applicant's records which reflect an SSN have the SSN shown on the applicant's social security card, it is evident that this is his correct SSN and it would now be proper to change it on his DD Form 214.

2.  However, for historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  In the applicant's case the records reflect the first and middle names under which his military service was performed.  In the absence of a showing of material error or injustice, those records should not be changed.

4.  While the applicant's desire to have his name changed is understandable, there is no basis for compromising the integrity of the Army's records.  In view of the forgoing, there is no basis for changing the applicant's name on his DD Form 214.  However, a copy of this Record of Proceedings will be filed in his official military personnel file so a record of the first and middle names he currently uses will be available.

BOARD VOTE:

________  ________  ________  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 changing the SSN on his DD Form 214 to read "X27-X4-XXXX."  As shown 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 name.



      _______ _  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.

ABCMR Record of Proceedings (cont)                                         AR20100030552



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ABCMR Record of Proceedings (cont)                                         AR20100030552



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