BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110003186


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 in:

* Item 1 (Last Name-First Name-Middle Name) – he does not have a middle name
* Item 3 (Social Security Number (SSN)) – as indicated on his social security card
* Item 30 (Remarks) – he has a General Education Diploma (GED)

2.  He states:

* he has no middle name
* the SSN and educational status reflected on his DD Form 214 are wrong
* he has a GED

3.  He provides his birth certificate and 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 request for correction of his SSN is acknowledged.  However, he was issued a DD Form 215 (Correction to DD Form 214), dated 25 March 1995, which amended item 3 of his DD Form 214 to reflect the correct SSN as indicated on his social security card.  Therefore, this portion of his request will not be further discussed in this Record of Proceedings.  A copy of the DD Form 215 will be provided to him.

3.  The applicant was inducted into the Army of the United States (AUS) on 6 March 1969.  

4.  A review of the documents in his service record revealed his middle name/middle initial as “Lee”/“L.,” and his educational status as:

Document
Middle Name Indicated
Education Completed
DD Form 47 (Record of Induction)
“Lee”
11 years, not a high school graduate
Standard Form 88 (Report of Medical Examination)
“Lee”

Special Orders Number 45, dated 6 March 1969
“L.”

DA Form 41 (Record of Emergency Data)
“Lee”

DD Form 1584 (National Agency Check Request)
“Lee”
March 1962- January 1963
DD Form 398 (Statement of Personal History)
“Lee”

DA Form 20 (Enlisted Qualification Record)
“L.”	
3 years high school
DA Form 428 (Application for Identification Card)
“Lee”

DD Form 369 (Police Record Check)
“Lee”

5.  He was released from active duty on 11 June 1971.  Item 1 on his DD Form 214 shows his middle name as “Lee” and item 30 shows the entry “3 YRS HS (GEN) [indicating General Studies].”
6.  He provided a copy of his birth certificate which does not show a middle name.  

7.  He provided a copy of his social security card which shows his middle initial as “L.”

8.  His service record contains a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), dated 26 January 2011, which does not show a middle name.  

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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 contention that he does not have a middle name is acknowledged.  Although he provided a birth certificate which does not list a middle name his service record shows he was inducted into the AUS and served on active duty using the middle name/middle initial of “Lee”/”L.”

2.  For historical purposes, the Army has an interest in maintaining the integrity 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, those records should not be changed.

3.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  These proceedings will be filed in his military records as a record of the name he is currently using.

4.  His contentions that the educational status on his DD Form 214 is wrong and that he has a GED are also acknowledged.  However, his service record is void of evidence and he has not provided any evidence which indicates he completed his GED prior to his release from active duty on 11 June 1971.  Therefore, there is no basis for amending his DD Form 214 to show he has a GED.


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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20110003186



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