IN THE CASE OF:	  

		BOARD DATE:  25 February 2014

		DOCKET NUMBER:  AR20130010258 


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, in effect, correction of the social security number (SSN) shown his DD Form 214 (Certificate of Release or Discharge from Active Duty) and other documents in his military record.  He also requests that his:

* first name be changed throughout his record to reflect "Little"
* military records be corrected in the Defense Enrollment Eligibility Reporting System (DEERS), Defense Finance and Accounting Service (DFAS), and other appropriate agencies

2.  The applicant states documents from the Social Security Administration (SSA) show his correct SSN is "XXX-X1-XXXX," which supports the fact that an error was made when the Military Entrance Processing Station verified his SSN upon his initial entry into the active Army in 1983.  He states this is a major error that affects his entire military history and social security benefits past and future.

3.  He further states that at the time of his initial enlistment the enlistment counselor would not accept his social security card for verification of his SSN because the card was laminated.  The counselor stated he must conduct a telephonic certification with the SSA.  He then stated the applicant's correct SSN was "XXX-X4-XXXX" instead of what the applicant had stated.  The applicant states he asked the counselor to confirm the SSN with the SSA, which the counselor later indicated he had done.

	a.  The reason for this error being brought to his attention is that whoever the SSN "XXX-X4-XXXX" belonged to died and a letter of estate was sent to his residence.  The SSA has since made the appropriate corrections concerning his past and future SSA credits.

	b.  He states the 5th digit of his SSN was changed from "1" to "4" on all documents completed at his initial enlistment except for his medical form which shows the 5th digit of his SSN as "1."

	c.  He also states that while he served on active duty the preferred spelling of his first name was "Littell."  However, his social security card and Birth Certificate show his first name as "Little" which he wants his records to now reflect.  

4.  The applicant provides:

* self-authored statement
* SSA SSN Printout
* copy of U.S. Army Retired Identification (ID) Card
* copy of social security card 
* copy of State of North Carolina Driver License
* Birth Certification
* initial enlistment documents
* reenlistment documents
* DD Form 214 
* Standard Form (SF) 88 (Report of Medical Examination)

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 December 1983, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP).  He was discharged from the USAR DEP on 4 July 1984 and he enlisted in the Regular Army on 5 July 1984.  He continued to serve through reenlistments until his retirement.  The 
DD Form 4 and most other enlistment documents completed at the time of his initial enlistment and subsequent reenlistments show his SSN as 
"XXX-X4-XXXX."

3.  As an exception to the above, an SF 88, dated 23 December 1983, and a DD Form 1966/8 (Application for Enlistment), completed in conjunction with his initial enlistment, show his SSN as "XXX-X1-XXXX."  Section X – Statement of Name for Official Military Records of this same page shows he stated in writing that he had not changed his name through any court or other legal procedure and that he preferred to use the first name of "Littell" during his military service.

4.  On 31 July 2004, he was retired from active duty for sufficient length of service.  His DD Form 214 shows his SSN as "XXX-X4-XXXX."

5.  The applicant provides:

* Birth Certification showing a first name of "Little"
* SSA SSN Printout, dated 4 January 2013, showing SSN 
"XXX-X1-XXXX" is assigned to him
* copy of a social security card showing an SSN of "XXX-X1-XXXX"
* copy of U.S. Army Retired ID Card showing his first name spelled as "Littell"
* copies of a social security card and State of North Carolina Driver License showing a first name of "Little" 

6.  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 and 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 release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  His initial enlistment SF 88, DD Form 19966/8, and the SSA SSN Printout and social security card he provides show his SSN as "XXX-X1-XXXX."

2.  His DD Form 4, DD Form 214, and all other documents throughout his military record, with the exception of the above, show his SSN as "XXX-X4-XXXX."  Based on the available evidence, his contention that an enlistment counselor persuaded him to use the SSN which he states he always believed to be incorrect is plausible.  As such, it would be appropriate to correct the applicant's SSN on his DD Form 214 for the period ending 31 July 2004 to show the SSN listed on the social security card he provides.  Inclusion of this record of proceedings in his military record will suffice to show his correct SSN is that which is shown on his social security card.

3.  Regarding his request to have his first name changed on all of his military documents, he stated in writing at the time of his initial enlistment that he preferred to use the first name which is shown on documents throughout his record.  Therefore, the name used was not incorrect or used in error.  

4.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable he desires to have his military records changed to reflect the first name he requested, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  Concerning his request that his military records be corrected in DEERS, DFAS, and other appropriate agencies, the applicant may use the corrected DD Form 214 to correct appropriate information in DEERS at any Real-Time Automated Personnel Identification System location and to correct the appropriate records at other agencies.

6.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the first name recorded in his military record.

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 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 replacing the SSN entered on his DD Form 214 for the period ending 31 July 2004 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 on all of the military documents in his record and correction of his records in DEERS, DFAS, and other agencies.  




      _______ _  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)                                         AR20130010258



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ABCMR Record of Proceedings (cont)                                         AR20130010258



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