IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003495
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 his correct last name and social security number (SSN).
2. The applicant states his DD Form 214 shows his last name as S _ _ _ _ s but should be S _ _ _ _ e. It also shows his SSN as xxx-x6-6xxx but should be
xxx-x0-0xxx
3. The applicant provides a DD Form 214 and a Social Security Administration SSN printout.
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 enlisted in the Regular Army on 12 July 1965. Upon completion of initial entry training, he was awarded military occupational specialty 12C (Bridge Specialist).
3. His Official Military Personnel File (OMPF) contained the following documents that show the last name he now claims is incorrect:
* DD Form 4 (Enlistment Record)
* DA Form 20 (Enlisted Qualification Record) (also shows the SSN he now claims is incorrect)
* DA Form 428 (Application for Identification Card)
* DA Form 705 (Physical Fitness Testing Record)
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* DA Form 1811 (Physical and Mental Status on Release from Active Duty)
* separation orders (also show the SSN he now claims is incorrect)
4. He was released from active duty on 11 July 1968. His DD Form 214 shows the last name and SSN he now claims are incorrect. He authenticated his DD Form 214 with his signature using the last name he now claims is incorrect.
5. There is no evidence in his OMPF showing that he served under the last name and SSN he now claims are correct.
6. Army Regulation 635-5 (Separations Documents) 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. It states 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's contention that his DD Form 214 should be corrected to show a different last name and SSN has been carefully considered.
2. Evidence of record shows he served under the last name S _ _ _ _ s and SSN xxx-x6-6xxx throughout his entire military career. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should 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. While his desire to now record his correct last name and SSN in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records..
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name and SSN recorded in his military record and to satisfy his desire to have his correct last name and SSN documented in his OMPF.
4. In view of the above, his request should be denied.
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) AR20110003495
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110003495
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