IN THE CASE OF:	  

		BOARD DATE:	    18 October 2011

		DOCKET NUMBER:  AR20110003708 


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 his Social Security Number (SSN) and middle name be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his SSN is a typographical error, and he mistakenly believed his middle name was spelled as it is recorded on his DD Form 214.

3.  The applicant provides documents he lists in his request.

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 that he enlisted in the Army National Guard (ARNG) on 14 October 1964.  The SSN on his DD Form 4 is *1*-**-****, his middle name was listed as LaV**ne, and he signed his name as LaV**ne.

3.  He entered active duty on 13 May 1968, served as an infantryman in Vietnam, and was honorably released from active duty on 27 September 1969 and was transferred back to the ARNG.  The DD Form 214 he was issued shows his SSN as *7*-**-**** and his middle name as LaV**ne.

4.  All of the applicant's records which list an SSN record it as *1*-**-**** except for two documents which show it as *7*-**-****.  For documents which reflect a middle name, the majority show it as LaV**n.

5.  The Social Security Card shows his SSN as *1*-**-**** and his middle name as LaV**n.  His birth certificate shows his middle name as LaV**n.

DISCUSSION AND CONCLUSIONS:

1.  The middle name and SSN reflected on the applicant's Social Security Card and birth certificate are used predominantly throughout his military records.  Only a few records reflect the improper SSN and middle name.

2.  Since the preponderance of evidence shows that his SSN is *1*-**-**** and his middle name as LaV**n, it would be proper to correct his DD Form 214.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DD Form 214 to show his SSN as *1*-**-**** and his middle name as LaV**n as shown on his social security card. 




      _______ _   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)                                         AR20110003708





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ABCMR Record of Proceedings (cont)                                         AR20110003708



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