IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120020993 


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 first name, date of birth (DOB), and selective service number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, his DD Form 214 should be corrected to show the following:

* his first name as Lynne instead of Lynn
* the year of his birth as 1946 instead of 1967
* the last digit of his selective service number as "5" instead of "3"

3.  The applicant provides:

* DD Form 214
* Unaddressed letter, dated 20 September 2012
* State of Colorado Standard Certificate of Birth

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 Regular Army on 24 October 1966.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his first name as Lynne, his DOB as 19 September 1946, and the last digit of his selective service number as "3."

3.  The applicant's first name is spelled Lynne on every document contained in his Army Military Human Resource Record (AMHRR) except his DD Form 214.  His DOB is shown as 19 September 1946 on every document contained in his AMHRR requiring its use except for his DD Form 214. 

4.  On 27 May 1969, the applicant was honorably released from active duty (REFRAD) as an overseas returnee.  His DD Form 214 shows his first name as Lynn, his DOB as 19 September 1967, and the last digit of his selective service number as "3."

5.  The applicant provides a copy of his DD Form 214 with handwritten changes made to the spelling of his first name from Lynn to Lynne, his DOB from 19 September 1967 to 19 September 1946, and the last digit of his selective service number from "3" to "5."  He provides an unaddressed letter, dated 20 September 2012, stating that the Department of Veterans Affairs is unable to process his application for health benefits because the DD Form 214 he provided had "hand-made" annotations.  He provides his Certificate of Birth which substantiates the spelling of this first name and his DOB.

6.  A review of the available record fails to show that the selective service number shown on his DD Form 214 is incorrect

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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 REFRAD, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  His DD Form 4 shows the same selective service number as shown on his DD Form 214.  He has provided insufficient evidence to support his contention that the selective service number shown on his DD Form 214 is incorrect.  His request for correction of his DD Form 214 to show the last digit of his selective service number as "5" instead of "3" should be denied.

3.  The available evidence does show that the correct spelling of the applicant's first name is Lynne.  It also shows that he was born in the year 1946.  His DD Form 214 should be corrected to show this information.

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 amending his DD Form 214 to show his first name as Lynne and his DOB as 19 September 1946.

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 amending his DD Form 214 to show the last digit of his selective service number as "5" instead of "3."



      ___________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)                                         AR20120020993





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ABCMR Record of Proceedings (cont)                                         AR20120020993



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