BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130022164 


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: 

* last name as "Cxxxry" vice "Cxxxrly"
* social security number (SSN) as "1xx-4x-0305" vice "4xx-7x-2335"

2.  The applicant states he is in the process of applying for disability.  He noticed his last name is misspelled on his DD Form 214 and his SSN is incorrect.  The errors appear to be typographical errors. 

3.  The applicant provides:

* DD Form 214
* Current Social Security Statement
* Verification of SSN from the Social Security Administration
* State driver license
* Social security card
* Department of Veterans Affairs (VA) card
* Congressional correspondence
* VA correspondence
* Letter from the National Personnel Records Center
* Request Pertaining to Military Records



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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History).  He listed his last name as "Cxxxry" but he did not list an SSN.  He signed this form using this last name.

3.  The applicant was inducted into the AUS on 8 January 1968.  His DD Form 47 (Record of Induction) listed his last name as "Cxxxry."  It also listed his Service Number; not his SSN. 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as "Cxxxry" and his SSN as "xx5-7x-2335."  He reviewed this form and authenticated it with his signature using the last name "Cxxxry."

5.  His service record contains multiple legal, health, finance, and personnel documents listing his last name as "Cxxxry" and different SSNs: 

* DA Form 1-1 (Personnel Data Change Report) - "xx5-7x-2327" 
* DA Form 20B (Record of Court-Martial Conviction) - "xx5-7x-2329"
* General Orders Number 662 (Army Commendation Medal) - "xx5-7x-2327"
* Standard Form 89 (Report of Medical History) - "xx5-7x-2335"
* DA Form 137 (Installation Clearance Record) - "xx5-7x-2335"
* Special Orders Number 120 (reassignment) - "xx5-7x-2327"
* Special Orders Number 35 (separation) - "xx5-7x-2335"
* Special Orders Number 331 (promotion to E-4) - "xx5-7x-2327"
* DA Form 431 (Personnel Suspense Card) - "xx5-7x-2327"
* Special Court-Martial Order Number 56 - "xx5-7x-2329"
* Special Orders Number 234 (forfeiture of pay) - "xx5-7x-2327"
6.  He was honorably released from active duty on 4 February 1970.  His DD Form 214 shows in:

* Item 1 (Last Name-First Name- Middle Name) - his last name as "Cxxxrly" 
* Item 3 (SSN) his SSN as "xx5-7x-2335"

7.  He provides: 

	a.  A letter, dated 22 November 2013, from the SSA related to his current social security benefits.  The letter also lists his last name as "Cxxxry" and other important information, including his SSN which is listed as "1xx-4x-0305" (the requested SSN).

	b.  A verification of SSN statement from the SSA, dated 22 November 2013.  This statement also lists his last name as "Cxxxry" and SSN as "1xx-4x-0305" (the requested SSN).

	c.  A social security card that lists the last name "Cxxxry" and the SSN as "1xx-4x-0305" (the requested SSN).

	d.  State driver license and VA card, both listing the last name "Cxxxry." 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the last name, the evidence of record shows that at the time of his induction into the AUS, the applicant listed his last name as "Cxxxry."  This last name is consistent with the last name shown on various documents throughout his military service.  His DD Form 214 inadvertently added an extra letter (Cxxxrly) to the last name.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his last name as "Cxxxry." 

2.  With respect to the SSN: 

	a.  The applicant did not disclose an SSN upon his induction.  Neither his statement of personal history nor his induction record listed an SSN.  His service records listed three different SSNs that were consistently used throughout his military service. 
	b.  While the first 7 digits of the SSN used during his military service were identical, the last two digits were not.  Some documents listed the last two digits as "27" while others listed those as "29."  Still, most documents listed the last two digits as "35."  It is unclear why the applicant had so many SSNs.  It is equally unclear why he now has yet a completely different SSN.  What is clear, however, is that he never used the requested SSN during his military service.  

	c.  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.

	d.  While it is understandable the applicant desires to now record a different SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

	e.  The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his record.  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his record.

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 deleting his name from item 1 of his DD Form 214 and adding his name as it is listed on his DD Form 47.
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 changing his SSN.  



      ___________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)                                         AR20130022164





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ABCMR Record of Proceedings (cont)                                         AR20130022164



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