IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140020879
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 in:
* Item 1 (Last Name - First Name - Middle Name) the spelling of his last name as "Kelley" instead of "Kelly"
* Item 3 (Social Security Number (SSN)) "XXX-X0-3XX4" instead of
"XXX-X9-7XX5"
2. The applicant states, in effect, there is no legitimate reason for his DD Form 214 to continue to show an administrative error that could adversely affect future legal transactions.
3. The applicant provides copies of 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's military records contain a DD Form 373 (Consent, Declaration or Parent or Legal Guardian), dated 23 June 1964, which list his fathers and mother's last name spelled as "Kelley."
3. He enlisted in the Regular Army (RA) on 1 July 1964. At the time of his enlistment, he was assigned and identified with a service number starting with "RA." His records also contain the following documents that list the spelling of his name as "Kelley" and an SSN where indicated:
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 1 July 1964, which does not list an SSN
* DD Form 398 (Statement of Personal History), dated 30 August 1965, which lists his SSN as "XXX-X0-3XX4"
* Special Orders Number 168, issued by Headquarters, 3rd Battalion (Airborne), 506th Infantry on 14 October 1966, which list his RA service number
* DA Form 41 (Record of Emergency Data), dated 17 November 1966, which lists his SSN as "XXX-X0-3XX9," this form also shows his father and mother's last name spelled as "Kelley"
* DA Form 20 (Enlisted Qualification Record), dated 27 January 1967, which does not list his SSN
4. He was released from active duty on 30 June 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group. His DD Form 214 lists in:
* Item 1 the spelling of his last name as "Kelly"
* Item 3 his SSN as "XXX-X9-7XX5"
5. His record is void of a copy of his orders discharging him from the USAR.
6. He provided copies of the following:
a. A Georgia Department of Public Health, Certificate of Vital Record, issued on 1 November 2013, which shows an individual with the same first name of record as the applicant and last name spelled as "Kelley" was born on the same date of record as the applicant. The birth certificate lists the individual's father and mother's last name spelled as "Kelley."
b. A social security card which shows his last name spelled as "Kelley" and his SSN as "XXX-X0-3XX4."
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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a summary of a Soldiers most recent period of continuous active service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated:
* item 1 - would list the last name, first name, and full middle name or names, if any
* Item 3 - would list the SSN verified in the Soldier's record
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant enlisted in the RA with his last name spelled as Kelley" and the SSN of "XXX-X0-3XX4." It appears, his DD Form 214 contains administrative errors in the spelling of his last name and the listing of his SSN. Therefore, items 1 and 3 of this DD Form 214 should be corrected to show the spelling of his last name and SSN as they are listed on his social security card.
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:
* showing in item 1 of his DD Form 214 that his last name is spelled "Kelley" as it is listed on his social security card
* showing in item 3 of his DD Form 214 the SSN that is listed on his social security card
_____________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.
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