IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002892
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) by listing his correct social security number (SSN) and the spelling of his middle name.
2. The applicant states the ninth digit of his SSN is entered as "9" instead of "8" and his middle name is listed as "XXXXis" instead of "XXXXies."
3. The applicant provides a copy of his 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 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
30 September 1965.
3. The applicants entire military personnel record shows the ninth digit of his SSN as "8." Item 3 (Social Security Number) of his DD Form 214 shows the ninth digit of his SSN as "9." These documents include a:
* DD Form 398 (Statement of Personal History), dated 29 September 1965
* DA Form 41 (Record of Emergency Data), dated 7 July 1967
4. All of the documents in the applicants military personnel record that contain a middle name show the spelling of his middle name as XXXXies. This includes an "Acknowledgement of Service Obligation" that the applicant signed using this middle name.
5. On 13 July 1967, the applicant was honorably released from active duty. Item 1 (Last Name, First Name, Middle Name) on his DD Form 214 lists his middle name as XXXXies.
6. None of the documents in the applicant's military personnel record list his middle name as "XXXXis."
7. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides 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 applicant's DD Form 214 shows the ninth digit of his SSN as "9." His
DD Form 398, DA Form 41 and all other documents in his military personnel record that contain an SSN list the ninth digit of his SSN as an "8." Therefore, his DD Form 214 should be corrected to show his SSN as it is listed on his DD Form 398.
2. The applicant's entire military personnel record lists the spelling of his middle name as "XXXies." The applicant has not provided sufficient evidence to show the Army's records are in error.
3. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his middle name as "XXXXis" in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this date.
4. The applicant is advised that a copy of this decisional document along will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his current middle name documented in his OMPF.
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 the entry in item 3 of the applicant's DD Form 214 be deleted and the SSN be listed 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 changing the spelling of his middle name.
__________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) AR20120000944
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ABCMR Record of Proceedings (cont) AR20120002892
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