Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110006822
Original file (20110006822.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006822 


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 (Report of Separation from Active Duty), Item 1 (Name) and Item 3 (Social Security Number (SSN)).

2.  The applicant states Item 1 shows the middle name "Jxxxxx" and he has no middle name.  Item 3 shows his SSN as xxx-xx-xxx2 and his correct SSN is
xxx-xx-xxx7.

3.  The applicant provides a copy of:

* a document listing his SSN
* his birth certificate
* his DD Form 214

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 was born on 5 July 1949.  His birth certificate does not show a middle name.

3.  On 22 February 1971, the applicant enlisted in the Regular Army for 3 years.  His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the U.S.) which shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* full signature and the middle name of "Jxxxxx"

4.  The applicant's records contain a DD Form 398 (Statement of Personal History) which he completed.  It shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* full signature and the middle name of "Jxxxxx"

5.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record) which shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* signature and the middle initial "J" for "Jxxxxx"

6.  He was released from active duty on 21 April 1974.  His DD Form 214 shows his SSN as xxx-xx-xxx2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN is incorrect on his DD Form 214.  He enlisted and served using SSN xxx-xx-xxx7.  Therefore, his DD Form 214 should be corrected to show this SSN.

2.  The available evidence is not sufficient to support removal of the middle name of "Jxxxxx" from his DD Form 214.  The available evidence shows:

* he enlisted using the middle name of "Jxxxxx"
* 
he personally completed documents listing "Jxxxxx" as his middle name" and signed documents using this middle name or the middle initial "J"

3.  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, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now have his DD Form 214 corrected to reflect his name as it is recorded on his birth certificate and social security card there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name that is listed on his birth certificate and social security card.

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 deleting the entry in Item 3 of his DD Form 214 and adding "xxx-xx-xxx7."

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 changing Item 1 on his DD Form 214.



      ________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)                                         AR20110006822



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006822



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140021115

    Original file (20140021115.txt) Auto-classification: Approved

    His record contains a DD Form 398 (Statement of Personal History), dated 18 June 1965, which shows his SSN as XXX-XX-XXX7. His DD Form 214 shows in item 3 (Social Security Number) his SSN as XXX-XX-XXX2. DISCUSSION AND CONCLUSION: Documents in his military personnel record correctly show his SSN as XXX-XX-XXX7, however, it appears his SSN was incorrectly transcribed on his DD Form 214.

  • ARMY | BCMR | CY2013 | 20130000073

    Original file (20130000073.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2013 | 20130010233

    Original file (20130010233.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1970 to show his: * first name as Jesse * social security number (SSN) as XXX-XX-XXX7 instead of XXX-XX-XXX9 2. The applicant provides: * DD Form 214 * copy of Certificate of Birth card * copy of Social Security card CONSIDERATION OF EVIDENCE: 1. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...

  • ARMY | BCMR | CY2012 | 20120006570

    Original file (20120006570.txt) Auto-classification: Denied

    The evidence of record shows the applicant was inducted and served his entire period of active service using the middle name of "Dene." __________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) AR20120006570 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2013 | 20130001327

    Original file (20130001327.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 3 (SSN) of his DD Form 214, shows "xxx-xx-xxx2." _______ _ 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.

  • ARMY | BCMR | CY2012 | 20120002741

    Original file (20120002741.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his Social Security Number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). His service personnel records show SSN "XXX-XX-XXX2." However, the evidence of record shows the SSN of "XXX-XX-XXX2" was used when he enlisted in the RA in 1983 and when he was REFRAD in 1986.

  • ARMY | BCMR | CY2012 | 20120010564

    Original file (20120010564.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as "xxx-xx-xxx7" instead of "xxx-xx-xxx1." It states that the complete name and SSN of the separating service member would be entered on the DD Form 214. The applicant's SSN appears as "xxx-xx-xxx7" on his DD Form 398 that was completed upon his induction and on his DA Form 20 that was last audited by the applicant...

  • ARMY | BCMR | CY2011 | 20120000780

    Original file (20120000780.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as “xxx-xx-xxx2" in instead of “xxx-xx-xxx1.” 2. Item 3 (SSN) of his DD Form 214 shows his SSN as “xxx-xx-xxx1.” 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on his...

  • ARMY | BCMR | CY2013 | 20130012246

    Original file (20130012246.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his correct date of birth (DOB) and social security number (SSN). The applicant's DD Form 47 (Record of Induction) shows in item 5 (DOB): "18 Nov 1946." The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.

  • ARMY | BCMR | CY2015 | 20150002071

    Original file (20150002071.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant provides his DD Form 214 and his Honorable Discharge Certificate. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he disclosed his SSN as "xxx-xx-xxx2."