IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120001769 


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 his:

* last name is spelled "Cxxxxx" and not "Gxxxxx"
* social security number (SSN) as "xxx-5x-xxxx" instead of "xxx-7x-xxxx"
* date of birth (DOB) as 15 August 1946 and not 15 August 1969

2.  The applicant states that his last name, SSN, and DOB are incorrectly listed on his DD Form 214.  He needs these 3 critical items corrected for Department of Veterans Affairs (VA) purposes.  He believes all documents contained the incorrect SSN throughout his military active duty time.

3.  The applicant provides:

* Special Orders Number 68
* General Order Number 2468
* DD Form 214

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's available military records show he was inducted into the Army of the United States on 13 December 1967.

3.  His record contains, in part:

	a.  Special Orders Number 242 (induction orders), dated 13 December 1967, that show his last name is listed as "Cxxxxx" and contains the entry, "SSN xxx-7x-xxxx (Not Officially Verified)";

	b.  DD Form 398 (Statement of Personal History), dated 5 August 1968, that shows his last name is listed as "Cxxxxx," his year of birth is listed as "1946," and does not indicate an SSN; and 

	c.  Request for DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) memorandum, dated 1 October 1969, that shows his last name is listed as "Cxxxxx," his SSN as "xxx-7x-xxxx," and his year of birth as "1946."

4.  All documents contained in his record list his last name as "Cxxxxx" and where applicable his SSN is listed as "xxx-7x-xxxx."

5.  He was honorably released from active duty on 24 August 1969 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows the following:

* Item 1 (Last Name - First Name - Middle Name) his last name is listed as "Gxxxxx"
* Item 3 (SSN) his SSN is listed as "xxx-7x-xxxx"
* Item 6 (DOB) his year of birth is listed as "1969"

6.  He was honorably discharged from the USAR on 1 December 1973.  His orders list his last name as "Cxxxxx" and his SSN as "xxx-7x-xxxx."

7.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated 
the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army of the United States on 13 December 1967.  At the time of induction and throughout his period of active service his last name was listed as "Cxxxxx."  All documents contained his service record lists this last name.  He was issued a DD Form 214 and the last name is listed incorrectly.  Therefore, his DD Form 214 should be corrected to show the correct spelling of his last name.

2.  The DD Form 214 he was issued lists his birth year as "1969."  However, a 
DD Form 398 and memorandum dated 1 October 1969 list his year of birth as "1946."  Therefore, he is entitled to correction of his DD Form 214 to show his correct year of birth.

3.  The evidence of record also confirms he served in the AUS and the USAR under the SSN of "xxx-7x-xxxx."  This SSN is consistent with the SSN shown on all documents contained in his military record.  At the time of his induction his orders indicated that his SSN had not been officially verified, and he has provided no official documentation, i.e., from the Social Security Administration, verifying his correct SSN is "xxx-5x-xxxx" or that he served under this SSN.

4.  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.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.




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 amending his DD Form 214 by:

* deleting the entry in Item 1 and listing the last name as it is listed on his DD Form 398
* deleting the entry in Item 6 and listing the date of birth as it is listed on his DD Form 398

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 correcting the SSN shown in Item 3 of his DD Form 214.  



      __________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)                                         AR20120001769



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ABCMR Record of Proceedings (cont)                                         AR20120001769



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