IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080017561 


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 name and social security number be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, because of these errors he has been unable to apply for VA (Department of Veteran Affairs) benefits.

3.  In support of his request, the applicant provides two copies of his DD Form 214 with a date of his release from active duty of 2 June 1967, a copy of the birth certificate he was issued by the Department of Health Division of Demographic Registry in Puerto Rico on 11 July 1980, and a copy of his 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's records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and from alternate sources.

3.  The available evidence shows the applicant enlisted in the Regular Army on 17 March 1964.  He was honorably released from active duty on 2 June 1967 in the rank and pay grade of specialist four/E-4 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, section VII (early return of overseas returnee).

4.  Item 1 (Last Name - First Name - Middle Name) of the applicant's DD Form 214 shows his name as R______ D___ R____ and item 2 (Social Security Number) shows the number 582-__-_2__.  The applicant signed his name in item 32 (Signature of Person Being Transferred or Discharged) as R____ R______-D___.

5.  The applicant provided a copy of his birth certificate, which shows his name as J___ R____ R______ D___.

6.  The applicant provided a copy of his Social Security Card.  This card shows he was given the number 582-__-_1__.

7.  At the time the applicant served on active duty, the service number that was given a Soldier by the Army and his name were the predominant items for their identification, not the social security number.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records are not available due to their loss or destruction during the St. Louis fire in 1973; therefore, it cannot be determined which spelling and order of the applicant's name was used by the Army.



2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

3.  Although the applicant’s birth name is J___ R____ R______ D___, it appears he appropriately served on and was released from active duty under the name R____ R______-D___.  While his desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so a record of his birth name will be on hand.

4.  There is a one number difference in the number on the applicant's social security card and the number shown in item 3 of the applicant's DD Form 214 (582-__-_2__ and 582-__-_1__).  There are no documents available to indicate whether his social security number was used at all during his term of service.  However, it is reasonable to presume that an administrative error occurred at the time he was being released from active duty and that accounts for the numerical difference.  Therefore, the applicant is entitled to a correction of item 3 of his DD Form 214 to shows the number 582-__-_1__.

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 his social security number to read 582-__-_1__.



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 the applicant's name on his DD Form 214.



      ___________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)                                         AR20080017561



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ABCMR Record of Proceedings (cont)                                         AR20080017561



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