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ARMY | BCMR | CY2003 | 2003083675C070212
Original file (2003083675C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2003083675


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Deyon B. Battle Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Hubert O. Fry Member
Ms. Marla J. Troup Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that the Report of Transfer or Discharge (DD Form 214) be corrected to show his correct middle name; date of birth (DOB) and social security number (SSN).

3. The applicant states that his birth certificate has his correct DOB and the correct spelling of his middle name. He states that his social security card was issued to him by the social security administration and it shows his correct SSN. In support of his application he submits a copy of his Certification of Birth and a copy of his social security card.

4. The applicant’s military records show that on 4 February 1966, prior to his enlistment, he completed a Statement of Personal History (DD Form 398) showing his middle name, his DOB and his SSN as reflected on his Certification of Birth and his social security card.

5. On 10 February 1966, he enlisted in the Army for 3 years in the pay grade of E-1. At the time of his enlistment, his middle name was misspelled on his enlistment contract and, for whatever the reason, he signed the contract misspelling is own middle name. However, on his enlistment contract, his DOB was correct and his Army Service Number (ASN) was used in lieu of his SSN.

6. The applicant used his correct DOB (2 November) while he was on active duty. However, he continued to misspell his middle name throughout his enlistment and his ASN continued to be used in lieu of his SSN.

7. The applicant was honorably released from active duty on 20 October 1967 and he was transferred to the United States Army Reserve (USAR) Control Group (Standby). The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his discharge reflects the incorrect spelling of his middle name, the incorrect DOB and the last digit of his SSN is incorrect.

CONCLUSIONS:

1. This Board is unsure as to why the applicant when spelling out his name, chose to misspell his middle name throughout his Army record. Prior to his enlistment, he completed a DD Form 398, spelling his middle name in accordance with the copy of the Certification of Birth and the social security card that he has now submitted in his own behalf. Accordingly, it would be in the interest of justice to correct his records to show the accurate spelling of his middle name.

2. On the DD Form 398, the applicant used the SSN that is reflected on his social security card. When he enlisted in the Army his ASN was used for identification purposes. At the time that his DD Form 214 was prepared, an error was made which resulted in the incorrect SSN being reflected. Additionally, his SSN is incorrectly reflected on his letter orders discharging him from the USAR.

3. His entire Army record shows his DOB as 2 November and his DD Form 214 should be corrected accordingly.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned served in the Army under the middle name as spelled on the copy of his Certification of Birth.

2. That the DD Form 214 releasing him from active duty and the letter orders discharging the individual concerned from the USAR be corrected to reflect the SSN shown on his social security card.

3. That his DD Form 214 be amended to show his DOB as 2 November 1943.

BOARD VOTE:

___fe ___ ___hof___ __mt____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2003083675
SUFFIX
RECON
DATE BOARDED 2003/06/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 2 100.0100
3. 3 100.0200
4. 10 100.0900
5.
6.


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