IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110004461 


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 the Social Security Number (SSN) and name recorded in his military records and on his DD Form 214 (Report of Separation from Active Duty) be corrected.  

2.  The applicant states his SSN is not the same as his service number (SN).  He also claims his first and middle names were reversed.  

3.  The applicant provides a Social Security Administration (SSA) Form 2468 (Report of Confidential Social Security Benefit Information), record of birth, and Social Security Card in support of his application.  

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 record shows he enlisted in the Regular Army on 1 October 1971.  The DD Form 4 (Enlistment Contract-Armed Forces of the United States), item 1 (Service Number/Social Security Account Number) that was prepared during his enlistment processing lists the SSN that he now claims is in error.  It also lists the first and middle names that he claims are in incorrect.  The applicant authenticated this document by signing with the first and middle names listed as he now claims are incorrect.  

3.  The record does contain a DD Form 398 (Statement of Personal History), dated 19 August 1971, completed during his enlistment processing.  This document lists his first and middle names as he now claims is incorrect in item 1 (Name) and his SSN as he now claims is incorrect in item 13 (Employment).  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared upon entry on active duty on 8 October 1971 lists his first and middle names as he now claims are incorrect and the SSN that he now claims is incorrect in item 1 (Name and Service Number).  All orders in his record that list an SSN also list the SSN he now claims is incorrect, and the vast majority of the documents and orders in his record list his first and middle names as he now claims are incorrect.  However, some documents list the first and middle names that he now claims are correct.  

5.  On 25 September 1974, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 2 years, 11 months, and 25 days of active military service.  The DD Form 214 he was issued at the time contains the first and middle names as he now claims are incorrect in item 1 (Name) and the SSN he now claims is incorrect in item 3 (Social Security Number).  

6.  The applicant provides a letter from the SSA that indicates his SSN is the number he now claims is correct.  He also provides a birth certificate indicating his first and middle names are the reverse of the way they are listed on the 
DD Form 214. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing of the DD Form 214.  The regulation in effect at the time of the applicant’s separation stated the DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the 
DD Form 214.  It further indicated the name and SSN as recorded on the DA Form 20 would be entered in item 1 and item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records and separation document be corrected to reflect his first and middle names as they are recorded on his birth record and the SSN documented by the SSA has been carefully considered.  However, while the validity of the first and middle names as they are listed on his birth record are not in question, the available evidence shows he entered, served, and was separated under the first and middle names as they are listed on his DD Form 214.  Absent evidence to confirm he attempted to change/correct the order of the first and middle names while he was still serving on active duty, it is presumed he voluntarily chose to serve using the first and middle names as they are recorded in his military records. 

2.  Further, it is clear that the applicant’s active duty service was performed under the SSN he now claims was in error.  It is also clear that this SSN was the one recorded in the military records prepared on him upon his entry on active duty and is the one he used throughout his tenure on active duty.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, it is concluded that the SSN listed in the applicant’s military records should not be changed at this time.  

3.  This Record of Proceedings, along with the applicant's application and supporting documents will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the order of the first and middle names recorded on his birth record versus those under which he served, and the SSN under which he enlisted, served and was separated vice the SSN he indicates he now uses.  Filing the Board’s decisional document will also guarantee the historical integrity of the applicant's military record.

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)                                         AR20110004461



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ABCMR Record of Proceedings (cont)                                         AR20110004461



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