IN THE CASE OF:	  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110021533 


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 (Certificate of Release or Discharge from Active Duty) to show the:

* spelling of his middle name as "Matthew"
* the last four digits of his social security number (SSN) as "0795"
* his date of birth as 29 Nxxxxxxx xxxx

2.  He states his SSN and date of birth are wrong and his middle name is misspelled. 

3.  He provides his DD Form 214 and a letter from the Social Security Administration.

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 states that his DD Form 214 should be corrected to show his date of birth as 29 Nxxxxxxx xxxx.  The date of birth on the copy of the DD Form 214 he provided to the Board with his application is illegible; however, the copy of the DD Form 214 that is in his official military personnel file clearly shows his date of birth as 29 Nxxxxxxx xxxx.  Therefore, his request to correct his date of birth will not be discussed any further in these Proceedings.  The applicant will be provided a legible copy of his DD Form 214.

3.  The applicant enlisted in the Regular Army on 5 December 1978 and he was honorably released from active duty on 4 December 1981 and credited with
3 years of active service.

4.  A review of his record shows the last four digits of the SSN he used when he was in an active duty status is completely different than the last four digits of the requested SSN.  The spelling of his middle name is also shown as "Mathew" on all of the documents to include the following forms.

* Enlistment/Reenlistment documents, dated 29 November 1978
* DA Form 428 (Application for Identification Card), dated 11 December 1978
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 20 February 1979
* DA Form 2-1 (Personnel Qualification Record)

5.  Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows the spelling of his middle name as "Mathew."  Additionally, item 3 (SSN) of this form shows the last four digits of his SSN as 3754.

6.  His record is void of any evidence or documents that show the spelling of his middle name as "Matthew" or the last four digits of the requested SSN.

7.  He provided a letter from the Social Security Administration that states the requested SSN was assigned to the applicant on 28 March 1974.

8.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214.  These documents include his enlistment record, identification card application, Certificate of Clearance and/or Security Determination, and DA Form 2-1.  There is no evidence that shows he spelled his middle name different than the middle name listed on his DD Form 214 or that he used an SSN different from the SSN listed on his DD Form 214 during his active service.  Therefore, there is an insufficient basis for changing the spelling of his middle name or the SSN listed on his DD Form 214.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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.  While it is understandable that the applicant desires to have his 
DD Form 214 corrected to show the requested spelling of his middle name and the requested SSN 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 will be filed in his military personnel records.  This should serve to clarify any questions or confusion in regard to the difference in the spelling of his middle name and the SSN recorded in his military record and to satisfy his desire to have the requested spelling of his middle name and SSN documented in his file.

4.  In view of the foregoing, there is no basis for granting his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ____X___  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.



      _______ _   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)                                         AR20110021533



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ABCMR Record of Proceedings (cont)                                         AR20110021533



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