IN THE CASE OF:	  

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120011368 


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:

* The first letter of his first name as "A" instead of "E"
* His Social Security Number (SSN) as "2xx-3x-xxxx" instead of
"8xx-5x-xxxx"

2.  The applicant states:

* He would like his first name to match that of his birth record
* His SSN is incorrect

3.  The applicant provides:

* DD Form 214
* Certification of Birth
* Delaware identification card
* Social Security card
* Department of Veterans Affairs (VA) 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.  In conjunction with his induction processing into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his first name as "E---n and his SSN as "2xx-3x-xxxx."

3.  He was inducted into the AUS on 20 March 1969.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) listed his first name as "E---n."  This form further listed his assigned Service Number, but not his SSN.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his first name as "E---n" and his SSN as "2xxx-3x-xxxx."

5.  His record contains multiple documents that listed his SSN as "2xx-3x-xxxx " and his first name as "E---n."  He authenticated many of the below documents using the first name "E---n" and/or confirming his SSN was correct:

* DA Form 41 (Record of Emergency Data
* DA Form 428 (Application for Identification card)
* DD Form 1584 (National Agency Check Request)

6.  On 19 March 1971, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years of total active service.  The DD Form 214 he was issued at the time shows in:

* Item 1 (Last Name, First Name, Middle Name) his first name as "E---n"
* Item 3 (SSN) his SSN as "8xx-5x-xxxx"

The applicant authenticated this form by placing his signature in the proper block using this first name as "E---n."

7.  He provides:

	a.  A Certification of Birth, issued on 10 March 2006, that shows an individual with a similar name except the first name starts with the letter "A";

	b.  A Social Security card that lists a name similar to his except for the first letter of the first name and also lists the SSN as "2xx-3x-xxxx";

	c.  A Delaware identification card that lists a similar name except for the first letter of the first name; and

	d.  A VA card that lists a similar name except for the first letter of the first name.

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's SSN, in connection with his induction the applicant completed a DD Form 398 and listed his SSN as "2xx-3x-xxxx."  This SSN is consistent with the SSN used throughout his military service.  It appears his DD Form 214 inadvertently incorrectly listed his SSN.  Therefore, the applicant's DD Form 214 should be corrected to show his SSN as shown on his Social Security card and DD Form 398.

2.  With respect to the applicant's first name, in connection with his induction the applicant completed a DD Form 398 and listed his first name as "E---n."  This first name is consistent with the first name used throughout his military service.  He did not use the first name "A---n" during his military service.  He authenticated several documents by placing his signature in the appropriate block, using the first name "E---n."

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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 record his correct first 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.  The applicant is advised that a copy of this decisional document, which confirms his correct first 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 in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his correct first 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 as shown on his Social Security card and DD Form 398.

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 correcting his DD Form 214 to show his first name as "A---n" instead of "E---n."



      _______ _  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)                                         AR20120011368



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ABCMR Record of Proceedings (cont)                                         AR20120011368



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