IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019404
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 the spelling his name to that shown on his birth certificate and correction of the social security number (SSN) to that shown on his social security card.
2. The applicant states, in effect, that these items are wrong.
3. The applicant provides copies of a DD Form 214 (Report of Transfer or Discharge), his birth certificate and 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. When the applicant was inducted on 2 February 1968, he completed his DD Form 298 (Statement of Personal History) by spelling and signing his name as it is currently shown on his DD Form 214. That spelling of his name was used exclusively throughout his period of service.
3. The SSN shown on the applicants social security card was used regularly throughout his period of service. The SSN shown on his DD Form 214 contains a typographical error in that the third digit is an "8" rather than a "3."
4. Army Regulation 635-5, as then in effect, prescribed the separation documents to be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. 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. 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. While it is understandable the applicant desires to have his military records reflect the spelling of his last name shown on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record.
3. The SSN entered on the DD Form 214 contains a typographical error in that the third digit should be a "3."
4. The applicants records should be corrected as recommended below.
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 issuing a DD Form 215 (Correction to DD Form 214) to show the SSN as it is shown on his social security card.
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 the spelling of his name.
____________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) AR20140019404
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ABCMR Record of Proceedings (cont) AR20140019404
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