IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002878
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 his:
* middle name as Everett instead of Elwood
* social security number (SSN) as XXX-XX-0786 instead of XXX-XX-0854
* date of birth as 27 December 1962 instead of 27 December 1961
2. He states he wants these corrections in order to apply for military benefits.
3. He provides:
* DD Form 214
* photocopy of his Indiana Identification Card and social security card
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. His military records are not available to the Board for review. However, the documents he provided are sufficient for the Board to conduct a fair and impartial review of this case.
3. The DD Form 214 he submits shows he entered active duty from the Army National Guard on 19 September 1980 and was honorably released from active duty on 22 October 1980. He completed a total of 1 month and 4 days of active service. This DD Form 214 shows the middle name of Elwood, SSN of
XXX-XX-0854, and date of birth of 27 December 1961.
4. The copy of the social security card he provides shows his SSN as
XXX-XX-0786.
5. The copy of his Indiana Identification Card shows his date of birth as 27 December 1962.
6. Army Regulation 635-5 (Separation Documents) 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. He provides a copy of a social security card showing his SSN as
XXX-XX-0786, an Indiana Identification Card showing his date of birth as 27 December 1962, and states his middle name is Everett.
2. The DD Form 214 he submits shows his middle name as Elwood, SSN as XXX-XX-0854, and date of birth as 27 December 1961. There are no enlistment or other personnel-related documents available for review to determine the recorded SSN, middle name, and date of birth under which he enlisted and served.
3. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect the changes he requested, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the SSN, middle name, and date of birth recorded in his military record and that which he now uses.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20120002878
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ABCMR Record of Proceedings (cont) AR20120002878
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