IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023398
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the:
* correct spelling of his middle name is "Arnol--" vice "Anor--"
* fifth digit of his social security number (SSN) as "2" versus "5"
2. He states it is unknown when the error occurred.
3. He provides the following:
* DD Form 214
* Certificate of Baptism
* 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 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 was inducted into the Army of the United States on 4 April 1966. He was honorably released from active duty on 12 April 1968 and credited with 1 year, 11 months, and 28 days of total active service.
3. A review of his record shows there are only two orders in his record containing an SSN; all others orders and documents contain a service number.
4. Special Orders Number 6, dated 8 January 1968, show the fifth digit of his SSN as "2." However, Special Orders Number 74, dated 4 April 1968, show the fifth digit of his SSN as "5."
5. A review of his record also shows the spelling of his middle name as "Arnol--" appears on all documents containing a middle name to include the following forms:
* Record of Induction, dated 4 April 1966
* DD Form 398 (Statement of Personal History), undated
* Acknowledgement of Service Obligation, dated 4 April 1966
6. Item 1 (Name (Last, first, middle) of his DD Form 214 shows the spelling of his middle name as "Anor--." Additionally, item 3 (SSN) of this form shows the fifth digit of his SSN as "5."
7. His Certificate of Baptism show the spelling of his middle name as "Arnol--."
8. He provided a letter from the Social Security Administration that states their records show in May 1961 he was issued a social security card with his middle name spelled as "Arnol--" and the fifth digit of his SSN is listed as "2."
9. 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 duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant's service number was used throughout his period of service. However, Special Orders Number 6, dated 8 January 1968 and a letter from the Social Security Administration show the fifth digit of his SSN as "2." Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
2. At the time of induction into the Army and throughout his period of service the applicant's middle name was spelled as "Arnol--." Additionally, a letter from the Social Security Administration and his Certificate of Baptism confirm the correct spelling of his middle name. Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling of his middle name.
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 a recommendation for relief. 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 to show the:
a. fifth digit of his SSN as "2" as shown on the letter from the Social Security Administration and
b. spelling of his middle name as "Arnol--" as it appears on the letter from the Social Security Administration.
_______ _ __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) AR20110023398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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