BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021760


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 the number "7" as the 6th digit of his social security number (SSN) instead of the number "2" and to correct the spelling of his middle name to show "Henry" instead of "Henery."

2.  The applicant further requests correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show the number "7" as the 6th digit of his SSN instead of the number "2."

3.  The applicant states the incorrect entries on his DD Form 214 resulted from typing errors.

4.  The applicant provides:

* NGB Form 22
* State of Iowa Certificate of Live Birth 
* front side of his social security card
* Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)
* inside page of his U.S. passport
* State of Iowa driver's license


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 (AUS) on 8 June 1966.  On 6 June 1966, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the number "7" as the 6th digit.  Additionally, this form identifies his middle name as "Henry."

3.  On 23 June 1965, prior to his induction, he completed a DD Form 98 (Armed Forces Security Questionnaire) on which his middle name is shown as "Henry."  He authenticated this form with his signature using his full name.  On 8 June 1966, the day of his induction, he reviewed this form and affixed his signature, again using his middle name "Henry."

4.  His records also contain a DA Form 3027WS (U.S. Army Request for National Agency Check (Worksheet)), dated 10 June 1966, wherein his SSN is listed with the number "7" as the 6th digit and his middle name is shown as "Henry."

5.  His records contain various forms and orders that list only his middle initial and not his middle name and his selective service number and not his SSN.

6.  On 20 March 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his middle name as "Henery."  Item 3 (Social Security Number) of his DD Form 214 shows the number "2" as the 6th digit of his SSN.

7.  On 13 November 1979, he enlisted in the Wyoming Army National Guard.  On 21 July 1980, he was honorably separated and transferred to the Iowa Army National Guard.  Item 1 (Last Name – First Name – Middle Name) of his NGB Form 22 shows his middle name as "Henry."  Item 3 (Social Security Number) of his NGB Form 22 shows the number "2" as the 6th digit of his SSN.
8.  The applicant provides: 

* copies of his State of Iowa Certificate of Live Birth, the inside page of his U.S. passport, and the front side of his State of Iowa driver's license which show his middle name as "Henry" 
* copies of the front side of his social security card and a Standard Form 46 which show the number "7" as the 6th digit of his SSN

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his middle name as "Henry" and to show the number "7" as the 6th digit of his SSN was carefully considered and was determined to have merit.

2.  His request for correction of his NGB Form 22 to show the number "7" as the 6th digit of his SSN instead of the number "2" was carefully considered and was determined to have merit.

3.  The evidence of record shows that prior to, and immediately upon, induction into the AUS, he listed his middle name as "Henry" and his SSN with the number "7" as the 6th digit.  Additionally, he provided sufficient evidence to support his request for correction.

4.  In view of the foregoing, it can be presumed that the entries of his middle name and SSN shown on his DD Form 214 and his SSN shown on his NGB Form 22 are incorrect as a result of clerical error; therefore, he is entitled to the requested relief.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by:

* amending item 1 of his DD Form 214 to show his middle name as "Henry"
* amending item 3 of his DD Form 214 to show the number "7" as the 6th digit of his SSN
* amending item 3 of his NGB Form 22 to show the number "7" as the 6th digit of his SSN



      ___________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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20100021760



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