IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150001902 


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 social security number (SSN) and the correct spelling of his first name.

2.  He states his SSN is XX5-XX-XXXX vice XX7-XX-XXXX and his first name is Gilferd.

3.  He provides his DD Form 214 and 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.  With prior enlisted service, the applicant was inducted into the Army of the United States on 12 August 1963.  He was assigned a Service Number.  His DD Form 47 (Record of Induction) shows his first name as Gilford.
3.  On 3 August 1965, he was honorably released from active duty after completing 1 year, 11 months, and 22 days of active military service.  His DD Form 214 shows in:

	a.  item 1 (Last Name-First Name-Middle Name) his first name as Gilford; and 

	b.  item 32 (Remarks) his SSN as XX7-XX-XXXX. 

4.  The following documents in his record show his first name as Gilford and his SSN as XX5-XX-XXXX, his:

	a.  DA Form 20 (Enlisted Qualification Record); 

	b.  DA Form 24 (Service Record), dated from 12 August 1963 to 3 August 1965; and 

	c.  DA Form 41 (Record of Emergency Data), dated 9 March 1965.

s.  He submitted a social security card that shows his SSN as XX5-XX-XXXX and his first name as Gilferd

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSION:

1.  Documents in his military personnel record correctly show his SSN as XX5-XX-XXXX; however, it appears his SSN was incorrectly transcribed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the SSN as it is shown on his social security card.

2.  While the applicant's desire to change his DD Form 214 to show his name as shown on his social security card is understood, the available evidence shows he entered, served, and was separated from active duty under the name shown on his DD Form 214.  As such, there is no error. 

3.  The applicant is advised that a copy of this decisional document will be filed in his military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name he now uses.

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 amending his DD Form 214 to show in item 32 his SSN as it appears on his social security card.

2.  The Board further determined that 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 correcting his DD Form 214 to show his first name as Gilferd.



      ___________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)                                         AR20150001902



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ABCMR Record of Proceedings (cont)                                         AR20150001902



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