BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140010356
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 Sentell
* his social security number (SSN) as XXX-XX-XX1X
* his date of birth as 22 February 1962
2. The applicant states he did not pay attention when he outprocessed. His guardian misspelled his middle name when he enlisted. He was 17 years old at the time.
3. The applicant provides a copy of a birth certificate showing his middle name as Sentell, his DOB as 22 February 1962, and a Social Security Card issued with his name showing a SSN as XXX-XX-XX1X.
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 applicants 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 applicants 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) on 22 February 1980. He was discharged for the purpose of enlistment in the Regular Army on
4 March 1980.
3. His record contains the following documents showing the SSN, DOB, and middle name as shown on his DD Form 214, which he now claims are incorrect:
a. DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 22 February 1980, showing his middle name as Sintell and his DOB as 22 February 1960;
b. DA Form 428 (Application for Identification Card), dated 3 May 1982, showing his SSN as XXX-XX-XX6X and his DOB as 22 February 1960; and
c. DA Form 2-1 (Personnel Qualification Record - Part II), last reviewed on
15 June 1980, showing his middle name as Sintell and his SSN as
XXX-XX-XX6X.
4. He was honorably released from active duty effective 17 June 1982. His DD Form 214 shows his middle name as Sintell, his SSN as XXX-XX-XX6X, and his DOB 22 February 1960, all of which he now claims are incorrect.
5. The applicant provides a birth certificate and Social Security Card that show the middle name, SSN, and DOB he now claims are correct.
6. Army Regulation 635-5 (Separation Documents) at the time provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 will contain the SSN taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted, served, and was discharged using the middle name, SSN, and DOB as shown on his DD Form 214.
2. There is no available evidence showing he used the middle name, SSN, or the DOB he now claims are correct during his active duty service.
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. While it might be understandable that the applicant now desires the record show his currently used middle name, SSN, and DOB in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. In view of the above, there is no basis for granting the applicant's requested relief.
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 that 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) AR20100023544
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ABCMR Record of Proceedings (cont) AR20140010356
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