IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003362
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 social security number (SSN) and the first and middle names on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states:
* item 1 (Last Name, First Name, Middle Name) should show his first name is L--- and his middle name is G---
* item 3 (SSN) should show "xxx-xx-xxx9"
3. The applicant provides:
* Birth certificate
* 2010 tax records
* DD Form 214
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. His DD Form 398 (Statement of Personal History) shows the first and middle names L--- G--- and his SSN as "xxx-xx-xxx9." His enlistment contract shows the first and middle names G--- L--- and his SSN as "xxx-xx-xxx9." He enlisted in the Regular Army (RA) on 30 October 1970 for a period of 2 years. He served as an infantryman in Vietnam and was released from active duty on 20 March 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 1 of his DD Form 214 shows the first and middle names G--- L---. Item
3 of his DD Form 214 shows SSN "xxx-xx-xxx0." Item 34 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows a legible signature and G--- L--- as the first and middle names.
4. All of his service personnel records show the first and middle names G--- L---.
5. He was honorably discharged from the USAR on 29 October 1976. His discharge orders show the first name G--- and middle initial "L." His SSN is shown as "xxx-xx-xxx9."
6. In support of his claim, he provided a birth certificate which shows the first and middle names L--- G---. He also provided 2010 tax records which show the first name L--- and middle initial "G." His SSN is shown as "xxx-xx-xxx9."
7. 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. It 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. 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, there is a reluctance to recommend that those records be changed.
2. His enlistment record and service personnel records show the first and middle names G--- L---. Only one document shows the first and middle names as L--- G---. It appears he appropriately served on and was separated from active duty under the first and middle names G--- L---. 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, in particular, the applicants DD Form 214. This Board action will be filed in the applicants military records so a record of the first and middle names he currently uses will be on hand.
3. Evidence of record shows the applicants SSN as "xxx-xx-xxx9" at the time of his enlistment in the RA. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect the correct SSN.
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:
a. deleting the entry in item 3 of his DD Form 214; and
b. adding to item 3 of his DD Form 214 the entry "xxx-xx-xxx9."
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 amending item 1 of his
DD Form 214.
___________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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