IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010741
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 first name as R__I__N
* his SSN as XXX-XX-9650
* his DOB as 3 December 1947
2. The applicant states he did not know he could change his DD Form 214 until he reported the error to the Department of Veterans Affairs (VA).
3. The applicant provides:
* birth certificate
* social security card
* Colorado driver's license
* VA card
* U.S. Passport
* DD Form 214
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's DD Form 47 (Record of Induction), dated 3 January 1968, shows:
* his first name as R__Y__ND
* his SSN as XXX-XX-9733
* his DOB as 5 December 1947
3. He was inducted into the Army of the United States on 3 January 1968. He served as an infantryman in Vietnam and he was honorably released from active duty (REFRAD) on 2 September 1969.
4. His DD Form 214 shows in:
* item 1 (Last Name First Name Middle Name) R__Y__ND
* item 3 (SSN) XXX-XX-9733
* item 5 (DOB) 5 December 1947
5. He provided copies of:
* his birth certificate issued on 8 October 2003 showing his first name as R__I__N and his DOB as 3 December 1947
* his social security card showing his SSN as XXX-XX-9650
6. 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 the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 first name, SSN, and DOB shown on his DD Form 214 are incorrect.
2. Although the birth certificate provided by the applicant shows his first name as R__I__N and his DOB as 3 December 1947, the evidence of record shows he reported his first name as R__Y__ND and his DOB as 5 December 1947 when he was inducted in 1968. He served in and was REFRAD using the first name R__Y__ND and DOB of 5 December 1947.
3. The evidence of record shows the SSN of XXX-XX-9733 was used exclusively when he was inducted in 1968 and when he was REFRAD in 1969.
4. 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 the applicant desires to now record a different first name, DOB, and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the first name, DOB, and SSN recorded in his military records and to satisfy his desire to have the first name and DOB shown on his birth certificate and SSN shown on his social security card documented in his OMPF.
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) AR20140010741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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