IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110006787 


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:

	a.  Reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying adding foreign service to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

	b.  His DD Form 214 be corrected by:

* deleting his middle name
* changing his date of birth (DOB) to that shown on his birth certificate with the year 1943
* changing the first three digits of his social security number (SSN) to xx6 instead of xx4

2.  The applicant states he does not have a middle name.  Years ago it was a requirement for the Army, so a middle name was made up for him.  His DOB in his military records does not match his birth certificate.  His SSN is incorrect and he believes it was a typographical error.  He states he has foreign service, but it is not included on his DD Form 214.  His DD Form 214 has been wrong for years.

3.  The applicant provides:

* his birth certificate
* 
a printout from the Social Security Administration
* his DD Form 214
* his SSN card
* his Department of Veterans Affairs (VA) identification card
* his discharge from the Standby Reserve

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.  ABCMR Docket AR20100008679 previously denied the applicant's request concerning foreign service on 2 September 2010.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration and allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.  His request for reconsideration, the original ABCMR decision, and the evidence which he submitted in support of his previous application were reviewed.  Although his request was received within one year of the ABCMR's original decision, he did not provide new evidence and/or argument that was not previously considered.  In view of the above, the issue of foreign service will not be discussed further in these proceedings.  

3.  He was inducted into the Army of the United States on 8 September 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  His DD Form 47 (Record of Induction) does not contain any entries or information concerning his SSN.  At the time of his enlistment, military members were identified by a military service number.  The DD Form 47 does show:
* 
his middle name as Bxxl
* his DOB with the year 1940

5.  His DA Form 20 (Enlisted Qualification Record) shows his:

* name with the middle initial B
* SSN with the first three digits as xx4
* DOB with the year 1940

6.  His DA Form 41, signed by him on 13 September 1965, shows his:

* middle name as Bxxl
* SSN with the first three digits as xx4
* DOB with the year 1940

7.  Documents throughout his military personnel records jacket (MPRJ) identify him mainly by his military service number.  His middle name is shown as Bxxl or with the middle initial B throughout his MPRJ.  Any documents requiring his DOB show it with the year 1940.  

8.  He was released from active duty on 7 September 1967.  He completed
2 years of active service that was characterized as honorable.  His DD Form 214 shows his:

* name with the middle name Bxxl
* SSN with the first three digits xx4
* DOB with the year 1940

9.  The birth certificate, from the Commonwealth of Virginia, he submitted does not show a middle name.  His DOB on the certificate is totally different than that shown on his DD Form 214.  The year shown on the certificate is 1943.

10.  The printout from the Social Security Administration, dated 18 April 2011, shows the first three digits of his current SSN as xx6.

11.  His SSN card shows his name with the middle initial B and the first three digits of his SSN as 226.

12.  His orders for discharge from the Standby Reserve identify him with his SSN, and the first three digits are xx4.

DISCUSSION AND CONCLUSIONS:

1.  During the period the applicant served in the Army Soldiers were identified by their military service number.  However, the few documents in his MPRJ that show his SSN show it with the first three digits as xx4.

2.  There is no record of the Army requiring a middle name for induction.

3.  His DD Form 47 and all documents in his MPRJ show his name using the middle name Bxxl or the initial "B."  The DD Form 47 also shows a totally different DOB than that shown on his birth certificate.  This information would have been provided by him at the time of induction.

4.  For historical purposes, the Army has an interest in maintaining the integrity 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, this Board is reluctant to recommend that those records be changed.

5.  This Record of Proceedings will be filed in his military record in order provide clarity and to deal with any confusion that may arise regarding the difference in his middle name, DOB, and SSN.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding his middle name, DOB, and SSN under which he served.  

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20110006787



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ABCMR Record of Proceedings (cont)                                         AR20110006787



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