IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090002903
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 change his middle name from "QXXXXEY" to "QXXXXY" and his social security number from "XXX-XX-5579" to "XXX-XX-7759".
2. The applicant states, in effect, that typographic errors resulted in the incorrect middle name and social security number being entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and social security card as documentary evidence in support of his 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 applicants 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 applicants 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 military personnel records contain a 1AA Form 563 (Acknowledgment of Service Obligation), dated 21 June 1968, on which his middle name appears as "QXXXXY" in two typewritten entries and his signature.
3. The applicant's records also contain a DD Form 1584 (National Agency Check Request), dated 24 June 1968, on which his middle name appears as "QXXXXY" and his social security number appears as "XXX-XX-7759."
4. Headquarters, United States Army Personnel Center, Fort Lewis, Washington, Special Orders Number 39, dated 8 February 1970, relieved the applicant from active duty and transferred him to the United States Army Reserve effective 8 February 1970. The applicant's social security number appears as "XXX-XX-7759" on these orders.
5. A review of documents contained in the applicant's military personnel records shows that his middle name consistently appears as "QXXXXY" and his social security number consistently appears as "XXX-XX-7759."
6. Item 1 (Last Name, First Name, Middle Name) of the applicant's DD Form 214 shows his middle name "QXXXXEY." Item 3 (Social Security Number) shows his social security number as "XXX-XX-5579."
7. The applicant provides a copy of his social security card which shows his middle name "QXXXXY" and his social security number as "XXX-XX-7759."
8. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part it stated that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should be corrected to show his middle name as "QXXXXY" and his social security number as "XXX-XX-7759" were carefully considered and determined to have merit.
2. The evidence of record shows the applicant's middle name is "QXXXXY." Therefore, he is entitled to have his DD Form 214 corrected to show his middle name as "QXXXXY."
3. The evidence of record shows the applicant's social security number is "XXX-XX-7759." Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "XXX-XX-7759."
BOARD VOTE:
____X____ ___X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the applicant's DD Form 214 be corrected to show his middle name as "QXXXXY" and his social security number as "XXX-XX-7759."
_______ _ 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.
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