IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006822 


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 (Report of Separation from Active Duty), Item 1 (Name) and Item 3 (Social Security Number (SSN)).

2.  The applicant states Item 1 shows the middle name "Jxxxxx" and he has no middle name.  Item 3 shows his SSN as xxx-xx-xxx2 and his correct SSN is
xxx-xx-xxx7.

3.  The applicant provides a copy of:

* a document listing his SSN
* his birth certificate
* his DD Form 214

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 born on 5 July 1949.  His birth certificate does not show a middle name.

3.  On 22 February 1971, the applicant enlisted in the Regular Army for 3 years.  His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the U.S.) which shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* full signature and the middle name of "Jxxxxx"

4.  The applicant's records contain a DD Form 398 (Statement of Personal History) which he completed.  It shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* full signature and the middle name of "Jxxxxx"

5.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record) which shows his:

* middle name as "Jxxxxx"
* SSN as xxx-xx-xxx7
* signature and the middle initial "J" for "Jxxxxx"

6.  He was released from active duty on 21 April 1974.  His DD Form 214 shows his SSN as xxx-xx-xxx2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN is incorrect on his DD Form 214.  He enlisted and served using SSN xxx-xx-xxx7.  Therefore, his DD Form 214 should be corrected to show this SSN.

2.  The available evidence is not sufficient to support removal of the middle name of "Jxxxxx" from his DD Form 214.  The available evidence shows:

* he enlisted using the middle name of "Jxxxxx"
* 
he personally completed documents listing "Jxxxxx" as his middle name" and signed documents using this middle name or the middle initial "J"

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 have his DD Form 214 corrected to reflect his name as it is recorded on his birth certificate and social security card there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  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 regarding the difference in the name recorded in his military records and the name that is listed on his birth certificate and social security card.

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 entry in Item 3 of his DD Form 214 and adding "xxx-xx-xxx7."

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 Item 1 on his DD Form 214.



      ________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)                                         AR20110006822



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ABCMR Record of Proceedings (cont)                                         AR20110006822



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