IN THE CASE OF:  


		BOARD DATE:  8 September 2015	  

		DOCKET NUMBER:  AR20150000665 


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) as follows: 

* item 1 (Last Name-First Name-Middle Name) to show his last name as "Burns" vice "Schiess" 
* item 6 (Date of Birth (DOB)) to show his DOB as 27 August vice 27 April 19XX
* item 32 (Remarks) to show his social security number (SSN) as           "xx5-xx-1873" vice "xx8-xx-8090" 

2.  The applicant states, in effect, his DD Form 214 should be corrected. 

3.  The applicant provides:

* DD Form 214
* social security card 
* driver license
* post-discharge name change 
* birth certificate 

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 records show he enlisted in the Regular Army on 4 September 1962.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) listed his last name as "Schiess," his DOB as 27 August, and his service number. It did not list his SSN.  He authenticated this form with his signature using this last name. 

3.  His DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record) which were created upon his entry on active duty listed his last name as "Schiess," his DOB as 27 August, and his SSN as "xx8-xx-8090."  He authenticated these forms with his signature using this last name. 

4.  His service record contains multiple documents, as indicated below, listing his last name as "Schiess," his DOB as 27 August, and his SSN as "xx8-xx-8090. "  He authenticated some of these documents with his signature using this last name: 

* DA Form 41 (Record of Emergency Data)
* Special Court-Martial Orders
* Article 15s
* Record of Court-Martial Convictions
* Separation packet 

5.  He was discharged on 2 February 1965.  His DD Form 214 shows in:

* item 1 –  his last name as "Schiess"
* item 6 – his DOB as 27 April 19XX
* item 30 – his SSN as "xx8-xx-8090"  

6.  He provides: 

	a.  A social security card of an individual with a similar name but the SSN "xx5-xx-1873."

	b.  A driver license with the same name and the DOB 27 August 19XX. 
	c. A Decree Changing Name, issued on 17 August 2010 authorizing him a name change from "Schiess" to "Burns."  

	d.  A Hospital Birth Certificate listing a name similar to his and the DOB 27 August 19XX. 

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the DOB, the evidence of record shows that at the time of his enlistment the applicant listed his DOB as 27 August 19XX.  This DOB is consistent with the DOB shown on various documents throughout his military service.  His DOB was erroneously entered on his DD Form 214 as 27 April vice 27 August.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his DOB as 27 August 19XX (as shown on his birth certificate). 

2.  With respect to the SSN and last name:

	a.  The evidence of record shows upon his enlistment in the Regular Army, the applicant listed his last name as "Schiess" and his SSN as "xx8-xx-8090."  This last name and SSN are consistent with the last name and SSN on many documents in his service record.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name and/or SSN were correctly listed.  There is no evidence he used the requested last name or SSN at any time during his military service.

	b.  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 now record his last name and SSN differently in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

	c.  Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change them.  However, a copy of this Record of Proceedings will be filed in his official records to clarify the difference in the spelling of his last name.

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 deleting from item 6 of his DD Form 214 the existing DOB and adding the DOB listed on his birth certificate (27 August 19XX).  

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 his last name and SSN. 



      ____________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)                                         AR20150000665





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ABCMR Record of Proceedings (cont)                                         AR20150000665



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