IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004673
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 middle name is "Edward" and the third digit of his social security number (SSN) is "8."
2. The applicant states his DD Form 214 incorrectly reflects his middle name as "Edwin" and the third digit of his SSN as "9."
3. The applicant provides a letter explaining his application and a list of enclosures.
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's military records are not available for review. However, the applicant provides sufficient documents to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 21 February 1966 for a period of 3 years and was issued an Army service number. He completed training as an infantry indirect fire crewman and he was promoted to pay grade E-5 on 29 June 1967.
4. He completed a tour of duty in Vietnam and he was honorably released from active duty at Fort Hood, Texas, on 20 February 1969 due to the expiration of his term of service. He completed 3 years of total active service and his DD Form 214 issued at the time of his discharge reflects his middle name as "Edwin" in block 1 (Last Name First Name Middle Name) and the third digit of his SSN as "9" in block 3 (SSN).
5. The applicant provides a copy of his birth certificate which shows he was born on 13 January 1947 with the middle name of "Edward."
6. The applicant also provides a copy of his social security card and a statement from the Social Security Administration indicating the third digit of his SSN is an "8."
7. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. Based on the available evidence, it appears that the applicant served his 3-year enlistment using the middle name of Edwin and a SSN containing a third digit of 9.
2. 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 it is understandable the applicant desires to now record his legal middle name and correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his changed name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his changed name documented in his OMPF.
4. Accordingly, there is no basis for granting the applicants requested relief.
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) AR20110004673
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ABCMR Record of Proceedings (cont) AR20110004673
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