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 applicants 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 applicants 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 Armys 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 applicants 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110016292
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