IN THE CASE OF:	  

		BOARD DATE:	        30 April 2009

		DOCKET NUMBER:  AR20080017218 


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, in effect, that his middle name, his service number (Social Security Number), and the state of his birth be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Form 214 has an incorrect middle name; the state of his birth is Tennessee, and not Texas; and they gave him an incorrect service number.

3.  He adds that since becoming disabled, he needs to have his DD Form 214 straightened out so that he can get his state identification.  The applicant states he was aware of the errors when he was discharged; however, he was not aware of how important this would be in his senior years.  He concludes by stating that his recruiter should have written the proper information.

4.  In support of his request, the applicant provides a copy of his DD Form 214 and a copy of his Certificate of Birth.  The applicant indicated he was submitting a copy of his disability records as well; however, these were not received with his request/application.

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 evidence shows the applicant enlisted in the Regular Army on 30 January 1970.  On 28 January 1970, the applicant's parent or legal guardian completed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) consenting to his enlistment in the Regular Army.  The applicant was identified as J******, H**** Lee on this form.  The place of birth shown on the DD Form 373 is Harriman, Tennessee.

3.  On the date of the applicant's enlistment in the Regular Army, a DD Form 4 (Enlistment Contract - Armed Forces of the United States) was completed.  Item 1 (Service No.) shows the number: 9**-**-***2.  Item 5 (Last Name - First Name - Middle Name) of the DD Form 4 shows the applicant's name as:  J******, H**** Lee.  Item 23 (Place of Birth) of the DD Form 4 shows the applicant was born in Harriman, Tennessee.  The applicant signed the DD Form 4, in Item 57 (Oath of Enlistment), with the name, H**** Lee J******.

4.  On 30 January 1970, Special Orders Number 21, paragraph 10, were published by the Armed Forces Examining and Entrance Station, Knoxville, Tennessee.  These orders assigned the applicant to the US Army Reception Station, Fort Knox, Kentucky, to be processed into the Army.

5.  On 20 October 1971, the applicant was discharged in the rank and pay grade Private, E-2, under the provisions of Army Regulation 635-212, paragraph 6B(2), with his service characterized as under honorable conditions.

6.  Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 the applicant was provided on his discharge shows his name as J******, H**** Lee.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the number:  9**-**-***2.  Item 8 (Place of Birth) of the DD Form 214 shows his place of birth as Harriman, Texas.


7.  The applicant provided a Certificate of Live Birth that was issued by the Department of Public Health, State of Tennessee, Division of Vital Statistics, on 27 January 2006, that shows the applicant was born in Harriman, Tennessee.  The applicant was given the name J******, H**** Louvern at his birth.

8.  There is no evidence in the applicant's available service personnel records that shows he attempted to have his middle name or his Social Security Number changed or corrected while he served on active duty.  The evidence shows the applicant used the middle name shown on his enlistment documents and the Social Security Number 9**-**-***2 throughout his military service.

9.  The applicant did not provide any documentary evidence from the Social Security Administration to show his correct Social Security Number.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The name to be shown on the DD Form 214 is the name and Social Security Number the applicant used on entry in and while performing his military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have his Army records changed is acknowledged, but there is an insufficient basis for compromising the integrity of the Army's records.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created, and in the absence of a showing of material error or injustice, there is little basis for recommending that the records be changed.

2.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would support a change or correction to his middle name and to his Social Security Number.


3.  The evidence shows that at the time of his enlistment in the Regular Army he used the name J******, H**** Lee.  Although the middle name recorded on the applicant's birth certificate is Louvern, it appears he appropriately served on and was released from active duty with the middle name Lee.  There is no evidence in the applicant's service record he ever attempted to have his middle name corrected or changed while he served on active duty.

4.  The DD Form 4 that was completed when the applicant enlisted shows his service number as 9**-**-***2.  The applicant used this Social Security Number as his service number throughout his military service.  At the time of the applicant's discharge, he was still using this number as his service number.  The applicant provided no documentary evidence from the Social Security Administration to shows that the number 9**-**-***2 is incorrect or that the number 4**-**-***9 he is requesting to have substituted in its place was issued to him and was his correct Social Security Number at the time he served.

5.  All documents that were completed at the time of the applicant's enlistment in the Regular Army, show his place of birth as Harriman, Tennessee.  The entry on the applicant's DD Form 214 which shows his place of birth as Harriman, Texas, is incorrect and the applicant is entitled to a correction of his DD Form 214 to show he was born in Harriman, Tennessee.

6.  The applicant is advised that a copy of this Record of Proceedings will be filed in his official military personnel records so it will be a matter of record.  Those having an official need to know will be aware of the middle name he was given at the time of his birth and those needing to verify his Social Security Number will be aware of the number he used at the time he served in the Regular Army.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X_     GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 correcting Item 8 (Place of Birth) of the applicant's DD Form 214 to show he was born in Harriman, Tennessee, and not Harriman, Texas.

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 correction of Item 1 (Last Name - First Name - Middle Name) to show the applicant's middle name of Louvern and correction of Item 3 (Social Security Number) of the applicant's DD Form 214 to show that the number 9**-**-***2 is an incorrect Social Security Number.




      _______ _  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)                                         AR20080017218





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ABCMR Record of Proceedings (cont)                                         AR20080017218



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