IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150002902
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 middle name and his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his SSN should be 344-xx-xxxx not 334-xx-xxxx and his middle name is Tyrone not Tonery. He needs to have these corrections made to his DD Form 214.
3. The applicant provides copies of his social security card and a Texas identification (ID) 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. The applicant enlisted in the U.S. Army Reserve (USAR) on 20 October 1978. His DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows his SSN as 344-xx-xxxx and his middle name as "Tonery." The recruiter certified that he had used the applicants birth certificate as the source document for data verification. The applicant signed this form with his middle initial of "T." He then signed Annex A (Certificate and Acknowledgment of Service Requirements for Individuals Enlisting or Reenlisting in the U.S. Army Reserve) with his full signature and spelled his middle name as "Tonery."
3. His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his SSN as 334-xx-xxxx and his middle name as "Tonery."
4. His VA Form 29-8286 (Servicemen's Group Insurance Election) and his DD Form 1584 (National Agency Check Request) show his SSN as 344-xx-xxxx. The VA Form 29-8286 he completed shows the spelling of his middle name as "Tryone." However, the DD Form 1584 shows his middle name spelled as "Tonery." His DA Form 2-1 (Personnel Qualification Record - Part II) shows his middle name spelled as "Tonery" with his SSN as 344-xx-xxxx.
5. He completed his initial active duty for training on 23 February 1979. His DD Form 214 shows his middle name as "Tonery" with an SSN beginning with 334-xx-xxxx.
6. The social security card provided by the applicant shows SSN 344-xx-xxxx and a middle name of "Tyrone." His Texas ID card shows the middle name "Tyrone."
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 stated the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that he completed his application for enlistment with the SSN -344-xx-xxxx and his middle name as "Tonery." However, when his DD Form 4 was prepared by a third party is appears a typographical error occurred. The recruiter verified the applicants middle name against his birth certificate at the time of his enlistment.
2. The applicant's records should be uniform as to his name and SSN. Because of the inconsistent use of both the middle name and the SSN in his military records, the social security card and Texas ID card give the most likely correct and proper middle name and SSN.
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 amending his DD Form 214 to show his middle name as "Tyrone" and to show the SSN shown 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.
ABCMR Record of Proceedings (cont) AR20150002902
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ABCMR Record of Proceedings (cont) AR20150002902
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