BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110012229 


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 as “Alonso” vice “Alonzo” and the first three digits of his social security number (SSN) as “552” vice “522.”

2.  The applicant states due to a typing error, his middle name is misspelled and his SSN is incorrect on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his Certificate of Live Birth issued on 21 April 2008
* his Social Security card issued on16 July 2008

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's record contains a DD Form 398 (Statement of Personal History), dated 6 May 1968, that he completed in conjunction with his induction into the Army of the United States (AUS), wherein he listed his middle name as “Alonzo” and the first three digits of his SSN as “552.”  He authenticated this form by placing his signature in the appropriate block.

3.  He was then inducted into the AUS on 7 May 1968.  He held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

4.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows only his middle initial.  It also shows the first three digits of his SSN as “552.”

5.  A DD Form 1584 (National Agency Check Request), dated 14 May 1968, shows his middle name as “Alonzo” and the first three digits of his SSN as “552.”

6.  A DA Form 428 (Application for Identification Card), dated 14 May 1968, shows his middle name as “Alonzo” and the first three digits of his SSN as “552.”  He authenticated this form by placing his signature in the appropriate block.

7.  A DA Form 41 (Record of Emergency Data), dated 12 July 1969, shows his middle name as “Alonzo” and the first three digits of his SSN as “552.”  He authenticated this form by placing his signature in the appropriate block.

8.  His record contains numerous personnel, finance, medical, and legal documents including assignment orders, and various other orders that show only his middle initial and the first three digits of his SSN as “552.”

9.  On 10 April 1970, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 4 days of total active service.

10.  Item 1 (Last Name-First Name-Middle Name) of the DD Form 214 he was issued shows his middle name as “Alonzo.”  Item 3 (SSN) of this form shows the first three digits of his SSN as “522.”


11.  The applicant provides a State of California Certificate of Live Birth, issued on 21 April 2008, wherein it lists an individual with the same first and last name of the applicant but with the middle name spelled as “Alonso.”  He also provides a Social Security card, dated 16 July 2008, wherein it lists an individual with the same first and last name of the applicant but with the middle name listed as “Alonso” and the first three digits of the SSN as “552.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN with the first three digits as “552” upon his induction into the AUS.  His DA Form 20, created when he entered active service, lists his SSN with the first three digits as “552.”  This is the SSN that was used throughout his military service.  It appears an administrative error occurred during the preparation of his DD Form 214 that listed the first three digits of his SSN as “522.”  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as listed on his Social Security card and other record documents referenced in these Proceedings.

2.  With respect to the correction of his DD Form 214 to show his middle name as “Alonso,” the evidence of record shows that upon his induction into the AUS the applicant listed his middle name as “Alonzo.”  This middle name is consistent with the middle name he used on various documents throughout his period of military service.  He authenticated several documents by placing his signature in the appropriate block indicating his name was correct.  He did not use the middle name that is reflected on his Certificate of Live Birth and Social Security card during his period of military service.

3.  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 correct middle name in his military records, 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, which confirms his correct middle 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 middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.


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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his Social Security card and other record documents contained in these Proceedings.

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 the correction of his DD Form 214 to show his middle name as “Alonso.”



      __________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)                                         AR20110012229



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ABCMR Record of Proceedings (cont)                                         AR20110012229



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