BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120012643
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 (Report of Separation from Active Duty) to show:
a. his last name as "Mxxrxxxx" instead of "Mxxixxxx" in item 1 (Last Name-First Name-Middle Name); and
b. his social security number (SSN) listed to reflect "5XX-XX-XXXX" instead of "3XX-XX-XXXX" in item 3 (Social Security Number).
2. The applicant states his last name and SSN are incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his:
* SSN Card
* California's Driver License
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record contains a DD Form 398 (Statement of Personal History) that he completed during his enlistment processing.
Items 1 and 3 include entries that show the last name and SSN the applicant now indicates are correct.
3. The DD Form 4 (Enlistment Record - Armed Forces of the United States) prepared during his enlistment processing lists his last name with the letter I in the fourth character of his last name.
4. On 21 June 1965, the applicant enlisted in the Regular Army. The
DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists the last name that he claims is incorrect and the SSN that he claims is correct.
5. The applicant's official military personnel file (OMPF) contains documents that list his name as "Mxxrxxxx" and "Mxxixxxx." It also contains documents that list his SSN as "5XX-XX-XXXX" and some other documents that list it as "3XX-XX-XXXX."
6. On 5 July 1968, the applicant was released from active duty after completing 3 years of creditable active military service. The DD Form 214 issued at that time lists his last name as Mxxixxxx in item 1 and his SSN as
"3XX-XX-XXXX" in item 3.
7. He provides a copy of his SSN card and California driver's license which list the last name and SSN that he now claims are correct.
DISCUSSION AND CONCLUSIONS:
The applicant's OMPF contains multiple documents that list his last name and SSN differently in two separate manners. He provides a copy of his social security card and drivers license that list the same name and SSN listed on some of the documents throughout his OMPF which includes the DD Form 398 completed during the enlistment processing. Therefore, item 1 and item 3 of his DD Form 214 should be corrected by deleting the current entries and replacing them with the name and SSN as listed on his SSN card and driver's license.
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 amending his DD Form 214 by:
a. amending the entry in item 1 to show Mxxrxxxx instead of Mxxixxxx";
b. amending the entry in item 3 to show "5XX-XX-XXXX" as shown on his SSN card; and
c. issuing him a document that shows the above changes.
_______ _ 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) AR20120012643
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ABCMR Record of Proceedings (cont) AR20120012643
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