Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110016292
Original file (20110016292.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110016292 


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 records to show his last name spelled as “Pxxxsen” instead of "Pxxxson" and his Social Security Number (SSN) as "xxx-x6-x4xx" instead of "xxx-x4-x6xx."

2.  The applicant states his last name was spelled incorrectly on his birth certificate which has since been corrected.  He also states his SSN was just a typographical error.

3.  The applicant provides his:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* birth certificate
* Social Security card

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 enlisted in the Regular Army in Dallas, TX on 13 October 1969 under the last name of “Pxxxson” and his SSN was recorded as "xxx-x4-x6xx.

3.  He completed his basic training at Fort Lewis, WA and his advanced individual training at Fort Knox, KY before being transferred to Vietnam on         23 March 1970.  He served in Vietnam until 15 February 1971 and was transferred back to Fort Knox where he remained until 18 August 1971 when he was transferred to Fort Riley, KS.

4.  On 17 April 1972, he was honorably released from active duty (REFRAD).  He had served 2 years, 6 months, and 5 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows his last name and SSN are the same as when he enlisted.

5.  A review of his record shows he used the same SSN and last name that is contained on his enlistment contract and DD Form 214 throughout his service and he signed his last name accordingly throughout his service.

6.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted and served his entire period of service under the last name and SSN that is depicted in his records and on his DD Form 214.  He has failed to offer sufficient explanation or evidence to show it was not his intent to serve under that last name and SSN.

2.  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 last name and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document, which confirms his correct last name and SSN, 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 last name and SSN recorded in his military record and to satisfy his desire to have his correct last name/SSN documented in his OMPF.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant’s requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110016292



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016292



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100017828

    Original file (20100017828.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2014 | 20140014707

    Original file (20140014707.txt) Auto-classification: Approved

    The applicant provides: * Social security card * DD Form 214 * Separation orders * DA Form 2139 (Military Pay Voucher) * Request for Determination of Federal Military Service and Wages CONSIDERATION OF EVIDENCE: 1. However, his military personnel records contain a DD Form 398 and two other documents which show the SSN listed on his social security card. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...

  • ARMY | BCMR | CY2014 | 20140003854

    Original file (20140003854.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her military service records to show her social security number (SSN) as "XXX-06-X5XX" instead of "XXX-45-X6XX." In addition, the SSN she reported as her SSN was consistently recorded in her military service records and on her DD Form 214.

  • ARMY | BCMR | CY2013 | 20130010258

    Original file (20130010258.txt) Auto-classification: Approved

    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 | CY2013 | 20130022129

    Original file (20130022129.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his Social Security Number (SSN) as XXX-XX-X6XX instead of XXX-XX-X5XX, and his Army Service Number (ASN) as US XX XXX 921 instead of US XX XXX 821. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...

  • ARMY | BCMR | CY2014 | 20140001219

    Original file (20140001219.txt) Auto-classification: Approved

    Item 3 (SSN) of the DD Form 214 that he was issued at the time shows his SSN as XXX-X6-XXXX. However, at the time he was being processed for induction, he indicated that his SSN was XXX-X4-XXXX and this SSN is recorded in his military records. The available evidence shows the applicant's correct SSN was entered in his military records during the period of his active duty.

  • ARMY | BCMR | CY2012 | 20120007476

    Original file (20120007476.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-X6XX" instead of "XXX-XX-X5XX." The documents contained within his Military Personnel Records Jacket primarily identify him by his service number; however, on those documents requiring an SSN he listed SSN "XXX-XX-X6XX." It states the purpose of the separation document is to provide the individual with documentary...

  • ARMY | BCMR | CY2010 | 20100018305

    Original file (20100018305.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 11 January 2011 DOCKET NUMBER: AR20100018305 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. All documents prepared at this time show either his Service Number or an SSN of xxx-xx-x6xx. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing the applicant an Honorable Discharge Certificate, with a separation date of 1 April 1974, to show SSN xxx-xxx-x6xx; b. correcting Letter Orders Number...

  • ARMY | BCMR | CY2012 | 20120022961

    Original file (20120022961.txt) Auto-classification: Approved

    His record contains a DA Form 41 (Record of Emergency Data), dated 17 July 1964, that shows his SSN as "xxx-xx-x7xx." Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his Social Security card. ____________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 | CY2011 | 20110017062

    Original file (20110017062.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The record of evidence shows that documents completed by the applicant during his enlistment processing and his social security card show his SSN as "xxx-xx-x6xx" that he claims is correct. 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 Social...