IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120006378
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 (Report of Separation from Active Duty) as follows:
* Block 1 (Name) change from XXXXOXX to XXXXEXX
* Block 3 (Social Security Number (SSN)) change from XXX-X4-XXXX to XXX-X8-XXXX
2. The applicant states his DD Form 214 contains typographical errors.
3. The applicant provides:
* Social Security Administration printout
* copy of Social Security Card
* copy of birth certificate
* copy of DD Form 214
* copy of 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 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 U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 14 January 1976. On 26 January 1976, he was discharged from the DEP and enlisted in the Regular Army (RA) for 3 years on 27 January 1976.
3. The applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) shows he enlisted and served using the SSN XXX-X4-XXXX. There are no documents in his MPRJ showing the SSN XXX-X8-XXXX.
4. The applicant was honorably discharged on 18 October 1976.
5. The applicant's DD Form 214 shows his last name as XXXXOXX and his SSN as XXX-X4-XXXX. His last name was corrected by a DD Form 215 (Correction to DD Form 214) issued on 10 February 1977.
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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's 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 contends his last name and SSN shown on his DD Form 214 are incorrect and should read XXXXEXX and XXX-X8-XXXX. His name was corrected by a DD Form 215 issued on 10 February 1977. A copy of the DD Form 215 will be provided to him. As for his SSN, the evidence of record shows the SSN of "XXX-X4-XXXX" was used when he enlisted in the RA in January 1976 and when he was discharged in October 1976.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. Therefore, there is an insufficient basis for amending his SSN on his military records.
3. The applicant is advised that a copy of this decisional document, which confirms his requested SSN, will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his requested SSN documented in his AMHRR.
4. 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 that 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) AR20120006378
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ABCMR Record of Proceedings (cont) AR20120006378
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