BOARD DATE:	  2 January 2013

		DOCKET NUMBER:  AR20120011045 


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) for the period ending 8 July 1961 to show that his middle name is "Albino" instead of "Alvino" and his Social Security Number (SSN) as "xxx-xx-xxx4" instead of "xxx-xx-xxx8."

2.  The applicant does not make any further statements.

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 Colorado Army National Guard (COARNG) on
1 December 1960.  At the time of his enlistment he enlisted under the middle name of "Albino."  At the time service numbers were assigned instead of the use of SSN's.

3.  Colorado Letter Orders Number 1, issued by the National Guard Bureau (NGB), dated 6 January 1961, ordered the applicant to active duty for training (ACDUTRA) for a period of 6 months effective 13 January 1961.  These orders show middle initial "A" and his SSN as "xxx-xx-xxx4."

4.  On 12 June 1961, the applicant was medically examined for the purpose of being released from active duty (REFRAD).  His record contains a Standard Form (SF) 89 (Report of Medical History) that shows his middle name as "Albino."  This form shows his assigned service number, not an SSN.

5.  He was REFRAD on 8 July 1961 at the expiration of his term of service and returned to his COARNG unit.  The DD Form 214 issued at the time shows in:

* item 1 (Last Name – First Name – Middle Name) the middle name entry as "Alvino"
* item 32 (Remarks) his SSN as "xxx-xx-xxx8"

6.  On 21 November 1961, the applicant was honorably discharged from the ARNG by reason of change of residence to another state.  He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows his middle name as "Albino."  It also shows his assigned service number, not an SSN.

7.  On 14 June 1962, he enlisted in the New Mexico ARNG for a period of             3 years.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) reflects his middle name as "Albino."  It also shows his assigned service number, not an SSN.

8.  His record contains the following documents that show his middle name or initial as "Albino" or "A" and his SSN as "xxx-xx-xxx4":

* Form W-4 (Employee's Withholding Exemption Certificate), dated 14 June 1962
* DA Form 41 (Record of Emergency Data), dated 14 June 1962
* DA Forms 2139 (Military Pay Voucher) for the period 4-19 August 1962 and 20 July to 4 August 1963


* DA Form 1996 (Tax Withholding Record) for the period 1962/1963

9.  On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.

10.  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 as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his middle name and SSN is incorrectly reflected on his DD Form 214 has been noted and found to have merit. 

2.  The applicant's official record clearly shows he served under the middle name of "Albino" and the SSN of "xxx-xx-xxx4."  However, it appears an administrative error occurred during the preparation of his DD Form 214 for his REFRAD on
8 July 1961 that reflects his middle name as "Alvino" with an SSN of
"xxx-xx-xxx8."

3.  Accordingly, his DD Form 214 should be corrected to show his middle name and SSN as shown on his Social Security Card.

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 for the period ending 8 July 1961 the current middle name entry and replacing it with the entry as shown on his Social Security Card, and

	b.  deleting from item 32 of his DD Form 214 for the period ending 8 July 1961 the current SSN entry and replacing it with the entry as shown on his 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)                                         AR20120011045



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ABCMR Record of Proceedings (cont)                                         AR20120011045



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