IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004206
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective in September 1963 to show his middle name as indicated on his birth certificate and on his DD Form 214 effective in February 1969 to show this same middle name and his social security number (SSN) as indicated on his Social Security Card.
2. The applicant states, in essence, that all of his social security money earned while in the service was paid to the wrong account because of the SSN error. He did not notice these errors until he tried to buy a house.
3. The applicant provides copies of:
* SSN Printout dated 18 November 2011
* Birth Certificate, issued in 1960
* Social Security Card
* DD Form 214 effective 27 February 1969
* DD Form 214 effective 20 September 1963
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 9 February 2012
* VA Form 21-4138, dated 1 December 2011
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's records contain the following two DD Forms 214:
a. DD Form 214, effective 21 March 1963, shows that he served for a period of 6 months on active duty for training as a member of the Army National Guard. His middle name differs from that shown on his birth certificate. The remarks section of this DD Form 214 shows his SSN the same as on his Social Security Card.
b. DD Form 214, effective 27 February 1969, shows that he was inducted into the Army of the United States on 24 July 1967 and served for a period of
1 year, 7 months, and 4 days. An SSN different from that shown on his previous DD Form 214 was entered on this document and his middle name differs from that shown on his birth certificate.
3. A review of the applicant's records shows two different SSNs, with most documents indicating the SSN as shown on his Social Security Card.
4. A review of the applicant's records further shows that his middle name was recorded with several different spellings. However, his DD Form 398 (Statement of Personal History), dated in July 1967, shows his middle name with the spelling he claims is correct.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 effective in September 1963 should be corrected to show his middle name as indicated on his birth certificate and his DD Form 214 effective in February 1969 should be corrected to show this same middle name and his SSN as indicated on his Social Security Card.
2. The evidence of record supports the applicant's contentions. Therefore, his DD Forms 214 should be corrected.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing on his DD Form 214 effective 20 September 1963 his middle name as shown on his birth certificate; and
b. showing on his DD Form 214 effective 27 February 1969 his middle name as shown on his birth certificate and his social security number as shown on his Social Security Card.
__________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) AR20120004206
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ABCMR Record of Proceedings (cont) AR20120004206
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