IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005895
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 Xxxchxxx vice Xxxhcxxx
* social security number (SSN) as XXX-XX-9XXX vice XXX-XX-8XXX
2. The applicant states it appears the person who typed his DD Form 214 made two errors. They transposed two letters in his last name and typed the [sixth] digit of his SSN as 8 instead of 9. On his copy of the DD Form 214, the last four digits of his SSN were crossed out and the correct digits were entered by hand.
3. The applicant provides his DD Form 214, Honorable Discharge Certificate, and driver license.
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 9 November 1965. His DD Form 4 (Enlistment Record - Army Forces of the United States), dated 9 November 1965, shows his last name with the fourth and fifth letters as ch. It does not show his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his last name with the fourth and fifth letters as ch and the sixth digit of his SSN as 9.
4. His record contains numerous orders, personnel, medical, and legal documents to include a DA Form 41 (Record of Emergency Data), dated 23 August 1967, that all show his last name with the fourth and fifth letters as ch and the sixth digit of his SSN as 9.
5. Special Orders Number 226, dated 13 August 1968, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, released him from active duty effective 13 August 1968. These orders show his last name with the fourth and fifth letters as ch and the sixth digit of his SSN as 9.
6. His DD Form 214 shows he was honorably released from active duty on 13 August 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group. The DD Form 214 also shows in:
* item 1 (Last Name - First Name - Middle Name) - his last name with the fourth and fifth letters as hc
* item 3 (SSN) - his SSN with the sixth digit as 8
7. The applicant provides his USAR Honorable Discharge Certificate, dated 8 November 1971, wherein it shows he was honorably discharged on this date. This certificate shows his last name with the fourth and fifth letters as ch and the sixth digit of his SSN as 9.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that upon the applicant's entry on active duty his name was spelled with the fourth and fifth letters as ch and the sixth digit of his SSN was listed as 9. This is the spelling of the last name and the SSN he used throughout his military service. It is evident an error occurred during the preparation of his DD Form 214 when his last name was listed with the fourth and fifth letters as hc and his SSN was listed with the sixth digit as 8. Therefore, he is entitled to correction of his DD Form 214 to show his correct last name and SSN.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 as follows:
* deleting his last name from item 1 and replacing it with the last name that is shown on his USAR Honorable Discharge Certificate
* deleting the SSN entry in item 3 and replacing it with the SSN that is listed on his USAR Honorable Discharge Certificate
___________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) AR20140005895
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005895
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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