IN THE CASE OF:	  

		BOARD DATE:	4 February 2010

		DOCKET NUMBER:  AR20090018555 


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 (Certificate of Release or Discharge from Active Duty) as follows: 

	a.  show his first name as "Kel---" instead of "Kev--"; and 

	b.  show the last four digits of his Social Security Number (SSN) as "4480" instead of "7700." 

2.  The applicant states that his first name is misspelled and his SSN is wrong.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 August 1983; a copy of a birth certificate, dated 30 June 1962; and a copy of a Social Security Card, dated 24 March 2009, 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 enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 11 January 1980.  Item 1 (Name-Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) shows his first name as "Kev--."  Item 2 (SSAN (Social Security Administration Number)) of this form listed the last four digits of his SSN as "7700."  The applicant authenticated this form by placing his signature in the appropriate place using his first name as "Kev--."

3.  The applicant's records further show he was discharged from the DEP on 9 July 1980 and enlisted in the Regular Army (RA) for a period of 3 years on     10 July 1980.  His DD Form 4 again listed his first name as "Kev--" and the last four digits of his SSN as "7700."  He authenticated this form as well as all allied documents using his first name as "Kev--."

4.  On 10 July 1980, the Montgomery Armed Forces Examining and Entrance Station published Enlistment/Travel Orders Number 139-20 directing the applicant's enlistment and travel for training.  The orders listed his first name as "Kev--" and the last four digits of his SSN as "7700." 

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty and reviewed by the applicant at a later date shows his first name as "Kev--" and the last four digits of his SSN as "7700."  He authenticated this form by placing his signature in the appropriate block using his first name as "Kev--."

6.  The applicant's records contain various personnel, finance, medical, and other documents, including a court-martial order, an application for an identification card, a record of nonjudicial punishment, a report of medical examination, separation orders, insurance documents, and various other documents that show his first name as "Kev--" and the last four of his SSN as "7700."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using his first name as "Kev--." 

7.  The applicant was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 9 August 1983.  Item 1 (Name) of the DD Form 214 he was issued shows his first name as "Kev--" and item 3 (Social Security Number) shows his the last four digits of his SSN as "7700."  The applicant authenticated this form by placing his signature in Item 29 (Signature of Member Being Separated) using his name as "Kev--."
8.  There is no indication in the applicant's records that he used the first name "Kel---" or the SSN that contains "4480" as the last four digits during his military service.  

9.  The applicant submitted the following documentation in support of his request:

	a.  A copy of a birth certificate, dated 30 June 1962.  Most entries on this certificate are typed, including the last name; however, the first (Kel---) and middle name are hand-written; and 

	b.  A copy of a Social Security Card, dated 24 March 2009, that shows the first name "Kel---" and the last four digits as "4480." 

10.  Army Regulation 635-5 (Separation Documents) 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 first name and SSN .

2.  The evidence of record shows that upon his enlistment in the DEP on 11 January 1980 and subsequent enlistment in the RA on 10 July 1980, the applicant listed his first name as "Kev--" and the last four digits of his SSN as "7700."  His first name and SSN are consistent with the first name and SSN on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his first name and SSN on each form were correct.  He did not use the name "Kel---" or the last four digits "4480" during his military service.

3.  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 first name or SSN in this case.  

4.  A copy of this decisional document, along with the Applicant's application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different first names and SSNs, and adequately document his correct first name and SSN in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20090018555



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ABCMR Record of Proceedings (cont)                                         AR20090018555



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