BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001538 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001538 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 (Report of Separation from Active Duty) to show his social security number as recorded on his social security card. 2. The Board further determined 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 correction of his last name. _________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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001538 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 his last name be changed from "Key" to "Kee" and his social security number (SSN) be changed from XXX-8X-XXXX to XXX-9X-XXXX on his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states his military service record has the improper spelling of his last name and the wrong SSN. 3. The applicant provides a copy 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 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 Regular Army on 15 March 1977. He signed his DD Form 4 (Enlistment Contract - Armed Forces of the United States) confirming his last name as "Key" and his SSN as "XXX-9X-XXXX." 3. The majority of the documents in his military personnel records consistently show his last name as "Key." His service record includes a DD Form 1584 (National Agency Check Request) and DD Form 93 (Record of Emergency Data) that show his SSN as "XXX-9X-XXXX." 4. The Army discharged him on 2 June 1978. He signed the DD Form 214 issued for this period of service confirming his last name was "Key" and his SSN was "XXX-8X-XXXX." 5. He provided his birth certificate and social security card that both show his last name as "Kee." His social security card his SSN as "XXX-9X-XXXX." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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. 2. Although the applicant requests correction of his records to show the last name that is listed on his birth certificate, documents in his military service records show he served on active duty using the last name listed on his DD Form 214. He is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the spelling of his last name recorded in his military records and to satisfy his desire to have the current last name documented in his OMPF. 3. The applicant's service record contains documents which show his SSN as shown on his social security card. It appears an administrative error occurred when his SSN was recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001538 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001538 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2