IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011693
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 the spelling of his last name as "K__a__" and his birth month as "March."
2. The applicant states his DD Form 214 shows his last name as "K__o__" and it should be "K__a__." His birth month is shown as "May" and it should be "March."
3. The applicant provides copies of his DD Form 214 and a Social Security Administration award letter.
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 inducted into the Army of the United States on 9 July 1962.
His DD Form 47 (Record of Induction) shows the spelling of his last name as "K__0__" and his birth month as "Mar" [March].
3. All documents in his official military personnel file (OMPF) show the spelling of his last name as "K__0__."
4. The only birth month of record for him is "March."
5. The DD Form 214 shows the spelling of his last name as "K__o__" and his birth month as "May."
6. The SSA letter shows the spelling of his last name as "K__o__." The social security number (SSN) shown in this letter matches the SSN recorded in his OMPF.
7. Army Regulation 635-5 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 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 applicant states his DD Form 214 shows his last name as "K__o__" and it should be "K__a__." His birth month is shown as "May" and it should be "March."
2. The evidence in his service record shows the applicant was born in March, not May. Therefore, it is appropriate correct his DD Form 214 to show his birth month as "March."
3. The applicant has not provided any evidence to show the proper spelling of his last name aside from the SSA letter. The SSA letter in and of itself is insufficient to warrant correction of his DD Form 214.
4. 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. The applicant served his entire period in the Army with the spelling ofhis name as K__o__. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
5. While it is understandable that the applicant desires to have the spelling of his last name in his military records match that used by the Social Security Administration, there is insufficient evidence to grant relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 his birth month as "March."
2. The Board further determined 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 the spelling of the applicant's last 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) AR20110011693
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110011693
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110019664
ARMY | BCMR | CY2012 | 20120006570
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 | 20130010258
The applicant states documents from the Social Security Administration (SSA) show his correct SSN is "XXX-X1-XXXX," which supports the fact that an error was made when the Military Entrance Processing Station verified his SSN upon his initial entry into the active Army in 1983. He then stated the applicant's correct SSN was "XXX-X4-XXXX" instead of what the applicant had stated. Concerning his request that his military records be corrected in DEERS, DFAS, and other appropriate agencies,...
ARMY | BCMR | CY2012 | 20120007857
Application for correction of military records (with supporting documents provided, if any). The applicant requests his social security number (SSN) in his military records be changed. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * an incident report, dated 18 January 2004 * a printout from the SSA * social security card CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2014 | 20140003520
The applicant requests correction his military records to show his name and Social Security Number (SSN) as they appear on his Social Security Card and Army Commendation Medal orders and certificate. The applicant provides copies of * his Social Security Card * his DD Form 214 * Americal Division General Orders Number 3324 of 2 April 1970 which awarded him the Purple Heart * Purple Heart Certificate * Americal Division General Orders Number 5190 of 30 May 1970 which awarded him the Army...
ARMY | BCMR | CY2014 | 20140003520
The applicant requests correction his military records to show his name and Social Security Number (SSN) as they appear on his Social Security Card and Army Commendation Medal orders and certificate. The applicant provides copies of * his Social Security Card * his DD Form 214 * Americal Division General Orders Number 3324 of 2 April 1970 which awarded him the Purple Heart * Purple Heart Certificate * Americal Division General Orders Number 5190 of 30 May 1970 which awarded him the Army...
ARMY | BCMR | CY2012 | 20120021681
IN THE CASE OF: BOARD DATE: 6 June 2013 DOCKET NUMBER: AR20120021681 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 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.
ARMY | BCMR | CY2011 | 20110021533
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * spelling of his middle name as "Matthew" * the last four digits of his social security number (SSN) as "0795" * his date of birth as 29 Nxxxxxxx xxxx 2. The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214. There is no evidence that shows he...
ARMY | BCMR | CY2005 | 20050003112C070206
A letter, dated 23 August 2005, from the SSA confirmed that during the applicant's period of military service the SSA's records show the applicant's last name as W-----y and his SSN as ***-38-****. However, there is no evidence that shows the applicant ever used the last name of P---e while in the military service. Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 May 1963, the date of his discharge; therefore, the time for the...
ARMY | BCMR | CY2011 | 20110004028
IN THE CASE OF: BOARD DATE: 20 September 2011 DOCKET NUMBER: AR20110004028 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). However, the documents in his military personnel records show he enlisted, served, and was discharged using the SSN that is listed on his DD Form 214.