IN THE CASE OF:	  

		BOARD DATE:	       30 APRIL 2009

		DOCKET NUMBER:  AR20080019542 


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 middle name as “Edmund” instead of “Edward” and his Social Security Number (SSN) as        “xx7-40-xxxx” instead of “xx2-01-xxxx.”

2.  The applicant states that his DD Form 214 shows an incorrect middle name and SSN.

3.  The applicant provides a copy of his certificate of citizenship, dated 29 September 1958, and a copy of a certified true copy of his German birth certificate, dated 20 September 1951, in support of his request. 

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 show he was inducted into the Army of the United States on 20 December 1965.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) listed his middle name as “Edward.”  This form further listed his Service Number, but not his SSN. 

3.  In conjunction with his induction, the applicant completed a DD Form 398 (Statement of Personal History) in which his listed his middle name as “Edmund,” and a DD Form 98 (Armed Forces Security Questionnaire), which shows his middle name as “Edmund.”

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), created on 27 December 1965, shows the applicant’s middle initial “E” and his Service Number.  It does not show his full middle name and/or his SSN. 

5.  On 20 August 1966, the applicant completed a DA Form 41 (Record of Emergency Data) and listed his middle name as “Edmund.”

6.  On 28 August 1967, the applicant was issued a certificate of clearance that shows his middle name as “Edmund” and his SSN as “xx7-40-xxxx.”

7.  The applicant’s service record contains a copy of the applicant’s Geneva Convention Identification Card that shows his middle name as “Edmund.” 

8.  The applicant’s records further show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76D (Supply Parts Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 13 December 1967.

9.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his middle name as “Edward.”  Additionally, item 3 (Social Security Number) of this form shows his SSN as “xx2-01-xxxx.”  The applicant authenticated this form by placing his signature in the proper block.  

10.  On 24 February 1968, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, mailed the applicant a USAAC Form 1790 (Army Reserve Personnel Data Review) which contained administrative data extracted from his personnel records, and asked him to make corrections as appropriate.  Accordingly, on 22 March 1968, the applicant made a correction of his SSN on this form to show his SSN as “xx7-40-xxxx” instead of “xx2-01-xxxx.” 


11.  On 8 December 1971, the U.S. Army Reserve Components Personnel     and Administration Center, St. Louis, MO, published Letter Orders Number          12-1309274, honorably discharging the applicant from the U.S. Army Reserve on 19 December 1971 for completion of his military service obligations.  The orders listed the applicant's SSN as “xx7-40-xxxx.”

12.  The applicant provided a copy of his certificate of citizenship and a copy of his birth certificate, both of which show his middle name as “Edmund.”  

13.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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 contends that his DD Form 214 should be corrected to show his correct middle name and correct SSN.

2.  With respect to the applicant’s middle name, the applicant’s record of induction shows his middle name as “Edward.”  However, his service record contains various documents that show his middle name as “Edmund.”  The middle name “Edmund” is consistent with his middle name listed on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his signature in the appropriate block, indicating that his middle name was “Edmund.”  It appears that his DD Form 214 erroneously listed his middle name as “Edward.”  Therefore, the applicant’s DD Form 214 should be corrected to show the correct middle name as “Edmund.” 

3.  With respect to the applicant’s SSN, there is no evidence in the available records and the applicant did not submit any substantiating evidence that shows his correct SSN.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s SSN in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different SSNs and adequately document his SSN in his record.

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 deleting the entry “Edward” from item 1 of the applicant’s DD Form 214, dated 13 December 1967, and adding the entry “Edmund.” 

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 the applicant’s Social Security Number.



      _______ _   __XXX_____   ___
               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)                                         AR20080019542



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ABCMR Record of Proceedings (cont)                                         AR20080019542



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