IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110019664
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 reconsideration of a previous application to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct last name as "Seale" instead of "Seales" and the 5th and 6th digits of his social security number (SSN) as "00" instead of "66."
2. He states the problem occurred with the completion of his original birth certificate. The mid-wife who assisted his mother during his birth entered his last name as "Seales" on the birth certificate.
3. He adds that, while serving in the military, it was difficult to correct the errors. He was forced to use "Seales" as his last name because that's what his birth certificate reflected. He is aware that all documents contained in his Official Military Personnel File (OMPF) are incorrect and he regrets the problems this has caused.
4. He contends that while serving on active duty, he tried to correct the errors on numerous occasions; however, he had been unsuccessful.
5. The applicant provides:
* Three birth certificates
* Two letters from the Social Security Administration (SSA)
* A copy of his Social Security Card
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110003495, on 25 August 2011.
2. The applicant has provided additional evidence and new argument which were not previously considered by the ABCMR.
3. A review of his OMPF yielded four documents he completed prior to his
12 July 1965 enlistment in the Regular Army. These documents show the following information:
a. A DD Form 398 (Statement of Personal History) - he spelled his last name as "Seale" and used "00" as the 5th and 6th digits of his SSN.
b. A Standard Form (SF) 88 (Report of Medical Examination) his last name is listed as "Seale."
c. An SF 89 (Report of Medical History) his last name spelled as "Seale."
d. An Audiogram Card lists his last name as "Seale."
4. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows his last name as "Seales." The SSN was not a field required to be listed on this document.
5. On 25 April 1968, he was given a medical examination prior to his separation. The SF 88 shows his last name is spelled "Seals."
6. The applicant was released from active duty on 11 July 1968 after serving
3 years of honorable active service. His DD Form 214 shows in item 1 (Last Name First Name Middle Name) his last name as "Seales," and in
item 3 (SSN) the 5th and 6th digits of his SSN as "66."
7. He provided two versions of the birth certificate which lists his last name as "Seales." These documents were issued on 28 September 1962 and 19 June 1970, and show the midwife submitted the report of his birth on 31 January 1946.
8. He also provided a birth certificate issued on 3 September 1987. This document shows the spelling of his last name as "Seale."
9. The documents from the SSA verify the 5th and 6th digits of his SSN as "00."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398, SF 88, SF 89, and Audiogram Card, which were all completed prior to his enlistment in the Army, show his last name spelled as "Seale."
2. The DD Form 398 further shows he entered his SSN using "00" as the 5th and 6th digits of this number.
3. It appears that at the time of his enlistment on 12 July 1965, the birth certificate which contains the incorrect spelling of his last name was used as the source document to complete the DD Form 4. As a result, all other documents completed after his enlistment used "Seales" as his last name.
4. However, as a matter of equity and based on the applicant's completion of the DD Form 398, in which he entered his last name as "Seale" and the 5th and 6th digits of his SSN as "00," it would now be appropriate to amend these errors on his DD Form 214 by showing his correct last name and SSN.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20110003495, dated 25 August 2011. 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 as follows:
a. deleting the current entry of "Seales" in item 1 and replacing it with the "Seale;" and
b. deleting the SSN shown in item 3 and replacing it with the SSN 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.
ABCMR Record of Proceedings (cont) AR20110019664
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ABCMR Record of Proceedings (cont) AR20110019664
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