IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003698
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 (Certificate of Release or Discharge from Active Duty) by adding the suffix "JR" to his name and showing the 3rd digit of his social security number (SSN) as "3" vice "2."
2. The applicant states, in effect, the name and SSN listed on his DD Form 214 are incorrect.
3. The applicant provides his certificate of live birth, social security card, and
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 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 31 October 1978 and held military occupational specialty 13B (Cannon Crewman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) lists his name with the suffix "JR" and the 3rd digit of his SSN as "2." He authenticated this document with his signature indicating that the information contained therein was correct.
4. His DA Form 2-1 (Personnel Qualification Record) lists his name with the suffix "JR" and the 3rd digit of his SSN as "2." He authenticated this document with his signature indicating that the information contained therein was correct.
5. He was honorably released from active duty on 29 October 1982. His
DD Form 214 lists his name without the suffix "JR" and lists the 3rd digit of his SSN as "2." He authenticated this document with his signature using the suffix "JR."
6. He provided a copy of his social security card which shows his name with the suffix "JR" and the 3rd digit of his SSN as "3."
7. He provided his certificate of live birth which shows his name with the suffix "JR."
8. 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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. The applicant's DD Form 4 and DA Form 2-1 show his name is listed with the Suffix "JR." It appears "JR" was left off the applicant's name when it was listed on his DD Form 214; therefore, this form should be corrected to include the suffix JR as part of his name.
2. The available evidence shows the applicant used an SSN with the 3rd digit of "2" upon enlistment. He consistently used this SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use an SSN with a 3rd digit of "3."
3. For historical purposes, the Army has an interest in maintaining the integrity 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 understood that the applicant desires to now record his requested SSN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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 correcting his DD Form 214 to show the name listed on his DD Form 4.
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 the 3rd digit of his SSN as "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) AR20130003698
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003698
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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