IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008119
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 (Certificate of Release or Discharge from Active Duty) to show his middle name as Dwaine instead of Dewayne and his social security number (SSN) as XXX-XX-XX47 instead of XXX-XX-XX54.
2. The applicant states the last two digits of his SSN are incorrect and the spelling of his middle name does not match his birth certificate.
3. The applicant provides:
* DD Form 214
* 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. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 30 October 1978 for a period of 6 years. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows in:
* item 1 (Name Last, First, Middle) W____, T____ Dewayne
* item 2 (SSN) XXX-XX-XX54
3. He was discharged from the USAR DEP on 14 January 1979 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 15 January 1979 for a period of 3 years. He was honorably relieved from active duty on 18 June 1980.
4. His DD Form 214 shows in:
* item 1 (Name Last, First, Middle) W____, T____ Dewayne
* item 3 (SSN) XXX-XX-XX54
5. All of his service personnel records show his middle name spelled as Dewayne and his SSN as XXX-XX-XX54.
6. He provided a copy of his social security card that shows his SSN as
XXX-XX-XX47 and his middle name spelled as Dwaine.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated 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. The applicant contends the middle name and SSN shown on his DD Form 214 are incorrect.
2. The evidence of record shows he recorded his middle name as Dewayne and SSN as XXX-XX-XX54 when he enlisted in the USAR and Regular Army. This middle name and SSN were used exclusively during his military service. His DD Form 214 shows this middle name and SSN when he was relieved from active duty in June 1980.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 and SSN he currently uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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 middle name and SSN recorded in his military records and to satisfy his desire to have his requested middle name and SSN documented.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______________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) AR20140008119
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ABCMR Record of Proceedings (cont) AR20140008119
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