BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005516
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the proper spelling of his first name and the correct next-to-the-last digit in his Social Security Account Number (SSAN). He also requests that his middle name be added on his DD Form 214.
2. The applicant states:
* his SSAN, first name, and missing middle name are in error
* he states that he was born Ernest Thel---- and has never changed or used any other name before
* he has not had a need for his DD Form 214 until recently and, therefore, did not realize the errors
3. The applicant provides copies of the following:
* DD Form 214
* Honorable Discharge Certificate
* Letter Orders Number 12-1377475
* Social Security Card
* Tennessee Driver License
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 was inducted into the Army on 16 January 1969. His DD Form 47 (Record of Induction) shows his first name as Ernest and that he had no middle name. Handwritten on his DD Form 47 is his SSAN and it shows the next to the last digit as 9.
3. Every document contained in the applicants official military record shows the spelling of the applicants first name as Ernest and the next-to-the-last digit of his SSAN as 9. Every document contained in his official military record requiring a middle name shows he has no middle name.
4. The applicant was released from active duty on 12 September 1970. The DD Form 214 he received shows the spelling of his first name as Ernes and the next to the last digit of his SSAN as 4. His DD Form 214 does not show a middle name.
5. The Honorable Discharge Certificate and Letter Orders Number 12-1377475 submitted by the applicant do not show he has a middle name. The copy of the Social Security Card he submits show the letter T as his middle initial and the Tennessee Driver License he submits shows Thel---- as his middle name. The date of birth on the license is the same date of birth shown on his DD Form 214.
6. Army Regulation 635-5 (Separation 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 that the DD Form 214 is a synopsis of the Soldiers 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 applicants contentions have been noted. His supporting evidence has been considered.
2. The applicants DD Form 214 shows the incorrect spelling of his first name and the incorrect next-to-the-last digit of his SSAN. This information should be corrected as shown on the documentation contained in his official military record.
3. Although the date of birth on the Tennessee Driver License he submits matches the date of birth on his DD Form 214, the applicant did not use a middle name while he was in the Army. Therefore, it would not be appropriate to amend his DD Form 214 to show his middle name. Copies of his Social Security Card and driver license will be placed in his official military record for future reference.
4. In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below.
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 amending his DD Form 214 to show the following:
* the proper spelling of his first name as Ernest
* the next-to-the-last digit of his SSAN as 9
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 his DD Form 214 to show his middle name.
_______ _ _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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20110005516
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