IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010233
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) for the period ending 29 August 1970 to show his:
* first name as Jesse
* social security number (SSN) as XXX-XX-XXX7 instead of XXX-XX-XXX9
2. The applicant states, in effect, this data was incorrectly entered on his DD Form 214.
3. The applicant provides:
* DD Form 214
* copy of Certificate of Birth card
* copy of Social Security 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. On 23 January 1969, he was inducted into the Army of the United States.
3. Armed Forces Examining and Entrance Station Special Orders Number 16, dated 23 January 1969, show his first name as Jesse and his SSN as
XXX-XX-XXX7.
4. His DD Form 214 shows his first name as Kesse and his SSN as
XXX-XX-XXX9.
5. He provides a copy of a Certificate of Birth card showing a first name of Jesse.
6. He provides a copy of Social Security card showing an SSN of
XXX-XX-XXX7.
DISCUSSION AND CONCLUSIONS:
1. He provides a copy of a Certificate of Birth card that shows his first name as Jesse and a copy of a Social Security card showing his SSN as XXX-XX-XXX7.
2. His records show he was inducted and served under the first name of Jesse.
3. Special Orders Number 16 and the Social Security card he provides show an SSN of XXX-XX-XXX7.
4. His DD Form 214 shows his first name as Kesse and his SSN as
XXX-XX-XXX9.
5. It appears his first name and SSN were incorrectly entered on his DD Form 214. Therefore, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 to show the spelling of his first name as that shown on his Certificate of Birth card and the SSN as that shown on the Social Security card he submitted.
_______ _ 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) AR20130010233
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ABCMR Record of Proceedings (cont) AR20130010233
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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