IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120009259
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 "FREDERICK" and his Social Security Number (SSN) as "xxx-xx-x4xx" instead of
"xxx-xx-x2xx."
2. The applicant states the information is incorrect as shown on his DD Form 214 and DA Form 1811 (Physical and Mental Status on Release from Active Service).
3. The applicant provides a copy of his DD Form 214 and DA Form 1811.
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 18 November 1970. He completed training and he was awarded military occupational specialty 44E (Machinist).
3. The DD Form 398 (Statement of Personal History) he completed during his induction processing, dated 18 November 1970, shows in:
* item 1 (First Name Middle Name Last Name) the entry "K------ Fredric R---"
* item 13 (Employment) his SSN as "xxx-xx-x4xx"
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 middle name shows the middle name as "Fredric." Additionally, all other documents in his AMHRR show his SSN as "xxx-xx-x4xx."
5. On 20 August 1972, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 9 months, and 3 days of total active service.
6. The applicant's record contains copy number 2 of the DD Form 214 he was issued at the time that shows in:
* item 1 his middle name is listed as "FREDRIC"
* item 3 his SSN as "xxx-xxx-x2xx"
7. The applicant provides a copy of his Social Security card which shows his SSN as "xxx-xx-x4xx."
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 middle name as "FREDERICK" and his SSN as "xxx-xx-x4xx" was carefully considered and determined to have partial merit.
2. The Army has an interest in maintaining the accuracy 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 a different spelling of his middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant's middle name appears as "FREDRIC" and his SSN appears as
"xxx-xx-x4xx" on his DD Form 398 and all other documents bearing his middle name and SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
4. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions that may arise regarding the different middle name recorded in his military records and to satisfy his desire to have his middle name documented in his AMHRR.
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 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.
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 his middle name to read "FREDERICK."
_______ _ __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) AR20120009259
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120009259
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