IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002313
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:
* change his social security number (SSN) from "281-XX-XXXX" to
"231-XX-XXXX"
* change his middle name from "Lunish" to "Lenus"
* change his date of birth (DOB) from "31 August 1938" to "29 August 1938"
2. The applicant states the incorrect SSN, middle name, and DOB will make things difficult dealing with the Department of Veterans Affairs.
3. The applicant provides his social security card and Department of Commerce Notification of Birth Registration.
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 was inducted on 14 February 1962. His DD Form 47 (Record of Induction) does not show an SSN. His middle name is shown as "Lunish" and his DOB is shown as 31 August 1938.
3. A DA Form 2139 (Military Pay Voucher) for the period August 1965 shows his SSN as "231-XX-XXXX."
4. His DA Form 24 (Service Record) shows his SSN as "281-XX-XXXX."
5. He was honorably released from active duty (REFRAD) on 30 November 1963. His DD Form 214 shows in:
* item 1 (Name) his middle name as "Lunish"
* item 6 (DOB) "31 August 1938"
* item 32 (Remarks) his SSN as "281-XX-XXXX"
6. He provides:
a. A social security card that lists his middle name as "Lenus" and his SSN as "231-XX-XXXX."
b. A Notification of Birth Registration that shows his DOB as "29 August 1938."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed, in pertinent part, that the purpose of the separation document was to provide the individual with documentary evidence of his or his military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. A DA Form 2139 shows his SSN as "231-XX-XXXX," the number he claims is correct. His DD Form 214 should be corrected accordingly.
2. The available records show the applicant was inducted, served, and was REFRAD using the middle name "Lunish" and the DOB "31 August 1938." There is no available evidence showing he used the middle name and DOB he claims are correct.
3. 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 a different middle name and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 the existing SSN from item 32 of his DD Form 214 and adding the SSN as it is listed on his DA Form 2139 and 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 his middle name and DOB.
__________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) AR20140011154
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002313
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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