IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017611 


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 first name as "Bennie" instead of "Benny"
* his social security number (SSN) as "XXX-46-XXXX" instead of 
"XXX-49-XXXX"

2. The applicant states his SSN is incorrect and his birth name is "Bennie L____ P____."

3.  The applicant provides:

* DD Form 214 
* Michigan Department of Health Notification of Birth Registration, dated 23 November 1944
* social security card
* Michigan driver's license

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 12 April 1966.

3.  His record contains:

	a.  a DD Form 398 (Statement of Personal History), dated 9 April 1966, that shows he printed his first name as "Benny" and he signed this document spelling his first name as "Benny."  Item 13 (Employment) shows his SSN as 
"XXX-46-XXXX"; and

	b.  Special Orders Number 85, dated 25 March 1968, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, that show his first name as "Benny."  His SSN is shown as "XXX-46-XXXX."

4.  On 26 March 1968, he was honorably released from active duty.  His DD Form 214 shows his first name as "Benny."  He signed this document spelling his first name as "Benny."  His SSN is shown as "XXX-49-XXXX."

5.  The applicant provided a Michigan Department of Health Notification of Birth Registration showing his first name as "Bennie" and his social security card showing his first name as "Bennie" and his SSN as "XXX-46-XXXX."  His Michigan driver's license shows his first name as "Bennie."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his SSN as "XXX-49-XXXX. "  His DD Form 398, Special Orders Number 85, and social security card confirm his SSN as "XXX-46-XXXX."  Therefore, his DD Form 214 should be corrected to reflect the SSN shown on his social security card.

2.  Official documents contained in his available military service records show he served under the first name "Benny."  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 that the applicant desires to now record his first name in his military records as shown on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms his first name is spelled as "Bennie" on his birth certificate will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion regarding the difference in the first name recorded in his military records and to satisfy his desire to have his birth 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 the evidence presented is 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 replacing the SSN on his DD Form 214 with the SSN shown on his social security card.

2.  The Board further determined 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 first name to "Bennie" on his DD Form 214.



      ____________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)                                         AR20120017611



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ABCMR Record of Proceedings (cont)                                         AR20120017611



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