IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20120000005 


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 correct Social Security Number (SSN).  He further requests correction of the spelling of his first name on his DD Form 214 (Report of Separation from Active Duty) for the period ending 12 July 1974.

2.  The applicant states he initially entered the Army under an SSN he obtained using an alias.  He states his SSN card was taken away from him in the military and he applied for a new number after his separation.

3.  The applicant provides a letter from the Social Security Administration (SSA), dated 30 November 2011.

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 initially enlisted in the U.S. Army Reserve (USAR) on
11 February 1974.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) documenting this enlistment lists in item 1 the SSN of
"3xx-4x-7xxx," which is completely different than the SSN he now claims is correct.  It also lists his first name as "Do----."

3.  On 1 March 1974, the applicant entered initial active duty for training (IADT).  He served on active duty for 4 months and 12 days until he was honorably released from active duty (REFRAD) and returned to his USAR unit on 12 July 1974.  The DD Form 214 he was issued on 12 July 1974 lists the SSN contained on his DD Form 4; however, his first name was misspelled to reflect "Du----."

4.  On 25 July 1975, the applicant was involuntarily ordered to active duty for a period of 19 months and 18 days.  He served for 8 months and 5 days until
1 April 1976, at which time he was separated under the provisions of the expeditious discharge program (EDP) based on his failure to maintain acceptable standards.  The DD Form 214 he was issued during this period of service lists the correct spelling of his first name and the SSN he now claims is incorrect.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) lists the SSN he now claims is incorrect.  In addition, all other documents and orders in his Official Military Personnel File (OMPF) list the SSN he now claims is incorrect.  The record is void of any indication he attempted to correct his SSN during his military service.

6.  The applicant’s DA Form 2-1 also lists his first name as "Do----," the spelling he claims is correct.  In addition, all other documents and orders in his OMPF, except his DD Form 214 for the period ending 12 July 1974, list the first name he claims is correct.

7.  The applicant provides an SSA letter that indicates he applied for a Social Security card on 30 November 2011 and was issued a new card bearing the SSN of "5xx-1x-4xxx."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DA Form 2-1 is the basic source document for preparing the DD Form 214.  However, in preparing the DD Form 214, all available documents such as the Military Personnel Records Jacket, reassignment orders, and enlistment records should be reviewed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record and DD Form 214 to reflect his correct SSN has been carefully considered.  However, it is clear the applicant's entire military service was performed under the SSN recorded in his OMPF that he now claims was in error.

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 SSN in his military records, 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, which confirms his correct SSN, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

4.  Evidence of record shows the applicant’s first name consistently reflected his first name as "Do----."  It appears his first name on his DD Form 214 for the period ending 12 July 1974 was incorrectly spelled as a result of an administrative error.  Therefore, it would be appropriate at this time to correct this DD Form 214 for the period ending 12 July 1974 to reflect the correct spelling of his first name.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting from item 1 of his DD Form 214 for the period ending 12 July 1974 his first name and replacing it with the first name as shown on his DD Form 4 and DA Form 2-1.

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 making any corrections to his SSN in his OMPF.



      __________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)                                         AR20120000005



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ABCMR Record of Proceedings (cont)                                         AR20120000005



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