BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004440 


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 the:

* spelling of his last name as "DUXXX"
* his social security number (SSN) as "XXX-5X-XXXX"

2.  He states his last name is spelled incorrectly as "DOUXXX" on his DD Form 214 and, in effect, the fourth digit of his SSN is "5," not "3."

3.  He provides:

* DD Form 214
* Ohio driver's license
* social security card

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 enlisted in the Regular Army on 24 July 1967.  He was honorably released from active duty on 22 July 1970 and credited with 2 years, 11 months, and 29 days of total active service.

3.  A review of his records shows that all documents containing an SSN list the fourth digit of his SSN as "5."  These documents include:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 398 (Statement of Personal History), dated 23 July 1967
* DD Form 1584 (National Agency Check Request), dated 1 August 1967
* numerous orders

4.  A review of his records also shows the spelling of his last name as "DUXXX" appears on all documents to include the following forms:

* DA Form 20
* DD Form 4 (Enlistment Record), dated 24 July 1967
* DD Form 398, dated 23 July 1967
* DD Form 1584, dated 1 August 1967
* all orders

5.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his last name as "DOUXXX."  Item 3 (SSN) of this form shows the fourth digit of his SSN as "3."

6.  His social security card and Ohio driver's license show the spelling of his last name as "DUXXX."  The fourth digit of his SSN on his social security card is shown as "5."

7.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

It appears that an error occurred in the preparation of the applicant's DD Form 214 since all documents in his military personnel records list the spelling of his last name as "DUXXX" and the fourth digit of his SSN as "5."  These documents include his DA Form 20, National Agency Check Request, Statement of Personal History, and all orders containing an SSN.  Additionally, his social security card verifies the correct spelling of his last name as "DUXXX" and the fourth digit of his SSN as "5."  Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name and his SSN as shown on his social security card.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 to show the spelling of his last name as "DUXXX" and his SSN 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)                                         AR20110023398



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ABCMR Record of Proceedings (cont)                                         AR20130004440



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