IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003493
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 that the Social Security Number (SSN) and the spelling of his surname be changed on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states that his current submissions show that the information was recorded incorrectly.
3. The applicant provides copies of a DD Form 214 showing the surname spelled with a "q" and the third digit of the SSN as a "3." He also submits a California driver's license showing the surname spelled with an "g" rather than a "q" and a Social Security card showing the third digit as an "8" rather than a "3."
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 enlisted in the Regular Army, on 27 December 1967, using the name and SSN as shown on the DD Form 214.
3. He served in Vietnam but was ultimately separated with an under other than honorable conditions discharge for the good of the service in lieu of trial by court-martial. That discharge was later changed to a clemency discharge under Presidential Proclamation 4313.
4. Both spellings of the surname are used off and on throughout the record. For example; although the "q" spelling was more common, his security clearance was processed using the "g" spelling. (His father's name was also listed there with the "g" spelling.) The "g" spelling was commonly used in flagging actions and absent without leave (AWOL) reports.
5. The SSN was consistently shown as matching that on the DD Form 214.
6. Following the discharge, the "q spelling of the name and the "3" in the SSN were used in applications to the Army Discharge Review Board, to this Board, and in correspondence to a member of Congress.
DISCUSSION AND CONCLUSIONS:
1. It is the usual policy of this Board to change a name if the requested variant appears anywhere in the record. Furthermore, the listing of the father's name with the "g" spelling further validates taking this action.
2. However, there is insufficient evidence to change the SSN.
3. The applicant is advised that a copy of this decisional document will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the differences in SSN recorded in his military record.
4. It would be appropriate to correct the applicants records 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 changing the spelling of the surname on the DD Form 214 to the "g" spelling.
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 SSN shown on the 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) AR20120003493
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ABCMR Record of Proceedings (cont) AR20120003493
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