IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120008695
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 clearly show his last name as "D----" and his Social Security Number (SSN) as "xx9-xx-xxxx" instead of
"xx3-xx-xxxx."
2. The applicant states the information is incorrect.
3. The applicant provides a copy of his DD Form 214 and Social Security card.
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 enlisted in the Regular Army on 22 March 1965 for a period of
3 years. He completed training and he was awarded military occupational specialty 11E (armor crewman).
3. The DD Form 398 (Statement of Personal History) he completed during his enlistment processing, dated 15 March 1965, shows in:
* item 1 (First Name Middle Name Last Name) the entry "Robert D----"
* item 13 (Employment) his SSN as "xx9-xx-xxxx"
4. All other documents in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), bearing his last name and SSN shows the last name and SSN he claims is correct.
5. On 4 March 1968, the applicant was honorably released from active duty as an early separation from overseas and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 13 days of total active service.
6. The applicant's record contains copy number 5 of the DD Form 214 he was issued at the time that shows in:
* item 1 the first letter of his last name was struck-over with the letter "D" that makes it unclear
* item 3 his SSN as "xx3-xxx-xxxx"
7. The applicant provides a copy of his DD Form 214 that shows an unclear first letter to his last name and his Social Security card that shows his SSN as
"xx9-xx-xxxx."
8. 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 establishes 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 contention that his DD Form 214 should be corrected to show his last name as "D----" and his SSN as "xx9-xx-xxxx" was carefully considered and determined to have merit.
2. The applicant's last name appears as "D----" and his SSN appears as
"xx9-xx-xxxx" on his DD Form 398 and all other documents bearing his last name and SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
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. deleting from item 1 of his DD Form 214 the last name entry and replacing it with last name as shown on his DD Form 398 and Social Security card, and
b. deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN entry as shown on his DD Form 398 and 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) AR20120008695
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008695
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