BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120009615 


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 his social security number (SSN) and his middle name be corrected on his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a separation date of 7 April 1980.

2.  The applicant states the first three digits of his SSN should be 024.  He also states his middle name is Bxxndan and not Bxxwden.  He thinks a typographical error occurred when his DD Form 214 was completed.

3.  The applicant provides his:

* DD Form 214
* Social Security Card
* Birth Certificate from Saint Vincent Hospital 

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.  He enlisted in the Regular Army on 14 July 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows his middle name as Bxxnden.  His SSN is shown with the first three digits as 025.
 
3.  The following forms in his Military Personnel Record Jacket (MPRJ) show his middle name as Bxxnden and the first three digits of his SSN as 025:

* DD Form 1966 (Application for Enlistment - Armed Forces of the United States)
* DD Form 93 (Record of Emergency Data) 
* DA Form 2-1 (Personnel Qualification Record - Part II) 
* DA Form 2 (Personnel Qualification Record - Part I)

4.  On 7 April 1980, he was discharged under the Expeditious Discharge Program.  His middle name on his DD Form 214 is shown as Bxxwden.  The first three digits of his SSN are shown as "025."

5.  The Social Security Card he submitted shows the SSN with the first three digits as "024."  No middle name is shown on the card; but the middle initial is listed as "B."

6.  The birth certificate that he submitted from Saint Vincent Hospital shows the middle name as Bxxndan.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  His military records show he enlisted and consistently used the SSN with the first three digits as "025."  At the time of his enlistment his SSN would have been verified; however, what document was used for that verification is not shown in his MPRJ.  Therefore, there is insufficient evidence to change the SSN under which he performed his military service.

2.  He enlisted with his middle name as Bxxnden.  His middle name is shown throughout his military records as Bxxnden.  His request is to change the middle name shown on his DD Form 214 to that shown on his birth certificate, Bxxndan.

3.  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.  While it is understandable he desires to now record his correct 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.

4.  His DD Form 214 shows his middle name as Bxxwden.  If he desires to correct his middle name on his DD Form 214 to Bxxnden, which is the middle name listed in his military records, he may submit an application to so.

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)                                         AR20120009615



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ABCMR Record of Proceedings (cont)                                         AR20120009615



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