IN THE CASE OF:	  

		BOARD DATE:	    23 August 2012

		DOCKET NUMBER:  AR20120003899 


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 the social security number (SSN) and middle name listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the eighth digit of his SSN as “3,” and the spelling of his middle name as “Michael” instead of “Mickael.”

2.  The applicant states the SSN and middle name listed on his DD Form 214 are incorrect.  He further states the correction is needed for purpose of veterans benefits.

3.  The applicant provides the following documents:

* DD Form 214
* Special Orders Number 281
* State of Michigan Commercial Driver License
* Michigan State Police Application and License to Purchase a Pistol
* Social Security Administration Supplemental Security Income Statement
* DD Form 256A (Honorable Discharge Certificate)

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 was inducted into the Army of the United States on 6 March 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12A (Pioneer).  The highest rank/grade he attained while serving on active duty was private first class/E3.

3.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) lists the applicant’s middle name as “Mickael.”   Item 17c (Statement of Local Board Medical Advisor – Remarks) shows the eighth digit of his SSN as "3."  

4.  The applicant‘s DA Form 873 (Certificate of Clearance and/or Security Determination Under EQ 10450) dated 5 December 1968 lists his middle name as “Mickael,” the same middle name and spelling listed on his DD Form 214.  The 5RD Form 856-R (Acknowledgement of Service Obligation) dated                6 March 1968 lists the applicant’s middle name as “Mickael.”  This document also contains his signature.

5.  The applicant’s DD Form 398 (Statement of Personal History) dated              
5 March 1968 in item 13 (Employment - and Social Security Number) shows the eighth digit of his SSN as “3.”  The applicant provides a letter from the Social Security Administration – Supplemental Security Income dated 18 March 2011 which shows the eighth digit of his SSN as “3.”
 
6.  The applicant was honorably released from active duty on 8 October 1969.  His DD Form 214 reflects his middle name as “Mickael.”

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.  This regulation established standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 47, DA Form 873, and all other available service documents in this OMPF show the eighth digit of his SSN as “3.”  As a result, it appears the SSN listed on the applicant’s DD Form 214 was the result of an administrative error; therefore, it would be appropriate to correct his DD Form 214 to show the proper SSN.

2.  The applicant’s DD Form 214 and all other available service documents reflect the applicant’s middle name as “Mickael.”

3.  The fact the applicant changed the spelling of his middle name is duly noted.  However, this does not change the conditions and circumstances that existed at the time his OMPF was created.

4.  The Army has an interest in maintaining the integrity of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his current middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

5.  The applicant is advised that a copy of this decision document will be filed in his OMPF.  This should serve to clarify any questions that may arise regarding the middle name that is recorded in his OMPF and to satisfy the desire to have the requested 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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to list his SSN as shown on his Social Security Administration Supplemental Security Income Statement.

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 of the applicant’s 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)                                         AR20120003899



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ABCMR Record of Proceedings (cont)                                         AR20120003899



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