IN THE CASE OF:
BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20130013914
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 middle name as "R____" and his social security number (SSN) as 466-XX-XXXX.
2. The applicant states his DD Form 214 shows his middle name as "S____" which is his mother's maiden name. He also noted his SSN is shown as
446-XX-XXXX and should be 466-XX-XXXX.
3. The applicant provides copies of his social security card and birth certificate.
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 17 February 1971, the applicant was inducted into the Army of the United States. His records consistently show his SSN as 466-XX-XXXX. All of his military records consistently show his middle name as "S____" and show the applicant authenticated many records using the middle name "S____" or middle initial "S."
3. On 16 February 1973, he was released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his middle name as "S____" and his SSN as 446-XX-XXXX.
4. The applicant provided copies of his birth certificate and social security card which show his middle name as "R____" and his SSN as 466-XX-XXXX.
5. There is no evidence that he ever used the middle name "R____" during his military service.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214. It would be appropriate to correct this error at this time.
2. The applicant used the middle name "S____" throughout his military service and this name is properly recorded on his DD Form 214.
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 understandable that the applicant desires to record the middle name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214.
4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference between the middle name recorded on his DD Form 214 and the middle name he now uses.
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 amending his DD Form 214 to show his SSN as 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 middle name.
_____________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) AR20130013914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130013914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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