IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016643 


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 middle name and social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his middle name is incorrect.  His DD Form 214 shows Allen, but it should be Adams.  Additionally, his SSN is incorrect.  

3.  The applicant provides a copy of his social security card and driver license.

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 on 21 September 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam for 11 months and 29 days.  His last duty assignment was in Fort Lewis, WA.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His records contain a DD Form 398 (Statement of Personal History).  This form shows his middle name as Allen, but has a correction next to it indicating that it should be Adams.  He did not include his SSN on this form.

4.  His records contain a DD Form 4 (Enlistment Record-Armed Forces of the United States).  This form lists his middle name as Allen.  The SSN on this form is listed as "4XX-5X-5968."

5.  His records contain a VA Form 29-8286 (Servicemen's Group Life Insurance Election).  He listed his middle name as Adams on this form.

6.  His records contain two DA Forms 428 (Application for Identification Card), both forms list his middle name as Adams.

7.  His records contain nine sets of official orders.  The SSN on these orders is identical to the SSN on his DD Form 4.

8.  His DA Form 20 (Enlisted Qualification Record) shows an SSN identical to the SSN on his DD Form 4.

9.  All of the documents in his records listing an SSN shows an SSN identical to the SSN on his DD Form 4.

10.  He was honorably separated from active duty on 21 September 1967.  His DD Form 214 lists his middle name as Allen and the same SSN that is shown on all the other documents in his military record.

11.  The applicant provided a social security card and drivers license that contain the middle name Adams and an SSN different from the one listed in his military records.



DISCUSSION AND CONCLUSIONS:

1.  The applicant consistently used the middle name Adams throughout his period of military service.  This middle name appears on the majority of the military documents listing his middle name.

2.  For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  However, having listed the correct middle name on his DD Form 398, and having used this name throughout his military service, his DD Form 214 should be corrected to show the same middle name at the time of separation.  

3.  Although he requests correction of his military records to show his SSN as shown on his social security card, all documents in his military service records show he served in the Regular Army using a different SSN.

4.  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 he desires to now record his correct social security number in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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 changing the middle name on his DD Form 214 to read Adams.

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 his SSN.  




      _______ _   _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)                                         AR20110016643





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ABCMR Record of Proceedings (cont)                                         AR20110016643



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