IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110003708
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 his Social Security Number (SSN) and middle name be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is a typographical error, and he mistakenly believed his middle name was spelled as it is recorded on his DD Form 214.
3. The applicant provides documents he lists in 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 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 applicants military records show that he enlisted in the Army National Guard (ARNG) on 14 October 1964. The SSN on his DD Form 4 is *1*-**-****, his middle name was listed as LaV**ne, and he signed his name as LaV**ne.
3. He entered active duty on 13 May 1968, served as an infantryman in Vietnam, and was honorably released from active duty on 27 September 1969 and was transferred back to the ARNG. The DD Form 214 he was issued shows his SSN as *7*-**-**** and his middle name as LaV**ne.
4. All of the applicant's records which list an SSN record it as *1*-**-**** except for two documents which show it as *7*-**-****. For documents which reflect a middle name, the majority show it as LaV**n.
5. The Social Security Card shows his SSN as *1*-**-**** and his middle name as LaV**n. His birth certificate shows his middle name as LaV**n.
DISCUSSION AND CONCLUSIONS:
1. The middle name and SSN reflected on the applicant's Social Security Card and birth certificate are used predominantly throughout his military records. Only a few records reflect the improper SSN and middle name.
2. Since the preponderance of evidence shows that his SSN is *1*-**-**** and his middle name as LaV**n, it would be proper to correct his DD Form 214.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his DD Form 214 to show his SSN as *1*-**-**** and his middle name as LaV**n as shown on his social security card.
_______ _ 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) AR20110003708
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003708
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011045
ARMY | BCMR | CY2012 | 20120011368
ARMY | BCMR | CY2003 | 2003083675C070212
The applicant requests that the Report of Transfer or Discharge (DD Form 214) be corrected to show his correct middle name; date of birth (DOB) and social security number (SSN). The applicant’s military records show that on 4 February 1966, prior to his enlistment, he completed a Statement of Personal History (DD Form 398) showing his middle name, his DOB and his SSN as reflected on his Certification of Birth and his social security card. This Board is unsure as to why the applicant when...
ARMY | BCMR | CY2014 | 20140005416
ARMY | BCMR | CY2012 | 20120004206
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective in September 1963 to show his middle name as indicated on his birth certificate and on his DD Form 214 effective in February 1969 to show this same middle name and his social security number (SSN) as indicated on his Social Security Card. Therefore, his DD...
ARMY | BCMR | CY2015 | 20150002902
The applicant requests correction of his middle name and his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty). The applicant's records show that he completed his application for enlistment with the SSN -344-xx-xxxx and his middle name as "Tonery." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his middle name as "Tyrone" and to show the SSN shown on...
ARMY | BCMR | CY2011 | 20110012229
It appears an administrative error occurred during the preparation of his DD Form 214 that listed the first three digits of his SSN as 522. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as listed on his Social Security card and other record documents referenced in these Proceedings. With respect to the correction of his DD Form 214 to show his middle name as Alonso, the evidence of record shows that upon his induction into the AUS the...
ARMY | BCMR | CY2014 | 20140021484
The applicant requests correction of item 1 (Name (Last, first, middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first and middle names "Michael Scott" instead of "Scott Michael." The evidence of record shows the applicant served in the RA, USAR, and WAARNG using the first and middle names "Scott Michael." There is no evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were...
ARMY | BCMR | CY2010 | 20100010766
The applicant requests the ninth digit in item 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Transfer or Discharge) be corrected. His DD Form 398 (Statement of Personal History), dated 29 December 1965, shows the ninth digit of his SSN is "5." However, his DA Form 201 (Military Personnel Records Jacket) and discharge orders from the USAR, dated 15 December 1971, show the ninth digit of his SSN is "5."
ARMY | BCMR | CY2011 | 20110016643
The SSN on these orders is identical to the SSN on his DD Form 4. However, having listed the correct middle name on his DD Form 398, and having used this name throughout his military service, his DD Form 214 should be corrected to show the same middle name at the time of separation. Although he requests correction of his military records to show his SSN as shown on his social security card, all documents in his military service records show he served in the Regular Army using a different SSN.