BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120006570 


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) to show:

* his middle name as "Dean" instead of "Dene"
* his Social Security Number (SSN) as "xxx-xx-xxx1" instead of
"xxx-xx-xxx2"

2.  The applicant states his DD Form 214 incorrectly reflects his middle name as "Dene" and his SSN as "xxx-xx-xxx2."  He further states that in order to receive benefits his SSN on his DD Form 214 must match the number on his Social Security Card.

3.  The applicant provides a copy of:

* his DD Form 214
* his Certificate of Birth
* a letter from the Social Security Administration (SSA), dated 16 March 2012

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 requested correction of his SSN on his DD Form 214.  On
27 March 1979, a DD Form 215 (Correction to DD Form 215) was issued by The Adjutant General that corrected item 3 (SSN) of his DD Form 214 to show his SSN as shown on the letter he received from the SSA.  As such, a copy of this DD Form 215 will be provided with these Proceedings.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 22 April 1969.  At the time of his induction, he indicated in his own handwriting on all of the documents contained in his record that his middle name was spelled "Dene."

4.  He completed his basic training at Fort Benning, GA and his advanced individual training at Fort Polk, LA.  He was transferred to Germany where he served in an armor company until he was honorably released from active duty (REFRAD) on 15 April 1971 as an overseas returnee.  He completed 1 year,
11 months, and 24 days of total active service.

5.  The DD Form 214 he was issued at the time of his REFRAD shows his middle name as "Dene."

6.  The Certificate of Birth provided by the applicant reflects his middle name as "Dean."

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted and served his entire period of active service using the middle name of "Dene."  He has offered no explanation as to why he served under a middle name other than that which is listed on his Certificate of Birth.

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 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.  While it is understandable the applicant desires to now change his middle name in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms his correct middle name will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his AMHRR.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20120006570



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ABCMR Record of Proceedings (cont)                                         AR20120006570



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