ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2019 DOCKET NUMBER: AR20170007956 APPLICANT REQUESTS: The applicant, wife of the deceased former service member (FSM), requests change to the FSM’s separation document to show: * his legal name as “X____X____X____X____” * his Social Security Number (SSN) as “ XXXX” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth * DD Form 214 (Report of Separation from Active Duty), dated 11 September 1974 * SSN Card, dated 11 April 2014 * Certificate of Death FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant, wife of the deceased FSM, states, in effect, the name and SSN are incorrect on her husband’s DD Form 214. She states the name currently states “X____X____X____” and the SSN states “ XXXX”. The correct information needs to be “X____X____X____X____o” and “ XXXX”. Lasty, she states the corrections are needed for purposes of receiving Department of Veterans Affairs (VA) benefits. 3. The applicant provides: a. A copy of her husband’s Certificate of Live Birth from the American Samoa Office of Vital Statistics, originally produced on 31 December 1951, but amended 10 July 2001, showing the FSM was born on X_ X r 19 , with his name listed as “X____X____X____X____”. b. A copy of his DD Form 214, period ending 11 September 1974, showing his name listed in Item 1 (Last Name, First Name, Middle Name), as “X____, X____'X X____” and Item 4 (Social Security Number), as” XXXXX”. The applicant signed his name in Item 29 (Signature of Person Being Separated), as “X____ X____”. c. A copy of his Social Security Card, dated 11 April 2014, containing his printed name and signature with his legal name as “X____X____X____X____” and his SSN as “ XXXX”. d. A copy of his Certificate of Death from the state of Hawaii Department of Health, certified on 20 January 2017, showing the FSM’s name listed as “X____ X____ X____ X____” with his SSN as “ XXXX”. This document also list the FSM’s surviving spouse as X____ X____ (the applicant). 4. A review of the FSM’s service record shows: a. He enlisted in the Regular Army (RA) on 2 May 1974. His DD Form 4 (Enlistment Contract- Armed Forces of the United States) shows in Item 1 (Service No./SSAN (Social Security Account Number)) as “ XXXXX”. Item 5 (Last Name, First Name, Middle Name), shows: his last name as “X____”; his first name as “X____”; and his middle name is annotated as “X____”. b. DA Form 3284-R (Applicant’s Statement of Name Change), dated 2 May 1974, shows the applicant requested to have his name changed to the name recorded on his birth certificate. Item 1 (Name as Recorded on Birth Certificate), shows the FSM’s name listed as “X___ X___ X___”. This document was signed/ witnessed by the FSM’s brother and a friend on the same date. c. On 12 August 1974, the FSM was notified by his immediate commander that separation action was being initiated against him under the provisions of Department of the Army (DA) Message DTG 011510Z Aug 73, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days. The FSM’s commander listed the reason for the proposed action was due to urgent family matters which prevented him from successfully completing training as an Infantry Soldier. His commander informed the FSM of his rights to counsel and that he would be furnished an Honorable Discharge. However, because he was not able to complete the requisite active duty time, his VA and other benefits could be affected. The FSM was also allowed to provide statements on his behalf. d. On the same day, the FSM acknowledged receipt of the notification and his understanding that his VA and other benefits may be affected. He did not desire the advice of counsel and did not wish to provide a statement on his behalf. e. The FSM’s immediate commander recommended him for separation and the recommendation was endorsed by his intermediate commander on 13 August 1974. a. f. On 13 August 1974, the separation authority approved the recommendation to separate the FSM under the provisions of DA Message DTG 011510Z Aug 73, and ordered that he be issued a Honorable Discharge Certificate. g. The FSM was released from active duty on 11 September 1974. His DD Form 214 shows in Item 1 (Last Name, First Name, Middle Name), as “X____, X____ X____” and Item 4 (Social Security Number), as” XXXX”. The applicant signed his name in Item 29 (Signature of Person Being Separated), as “X____ X____ ”. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. b. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 6. Department of the Army (DA) Message 011510Z, August 1973, subject: Evaluation and Discharge of Enlistees before 180 Active Duty Days, then in effect provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. They must have voluntarily enlisted and not completed more than 179 days of active service by the date of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief is warranted. The applicant’s contentions were carefully considered. The FSM had a temporary identification number (TIN) during his period of service, and received a SSN prior to his separation. The Board agreed the TIN should have been listed on the DD Form 214, and the issued SSN should be listed in the remarks section of the form. The Board also agreed the FSM’s record shows he requested to use the name shown on his separation document. The information in the Former Service Member's records accurately reflect the conditions and circumstances that existed at the time the records were created. Absent evidence that shows a material error or injustice, the Board did not recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in the FSM’s official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy her desire to have his birth name documented in his military records. The FSM’s DD Form 214 shows he entered and as released from active duty on the same date. The Board agreed to correct this administrative error and adjust his service dates. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 for the period ending 11 September 1974 by: a. replacing the entry in item 15 (Date Entered Active Duty This Period) with the entry “74 05 02”; and b. adding the social security number shown on his social security card to item 27 (Remarks). 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 changing his name on the DD Form 214. 9/23/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. 1. 3. Department of the Army (DA) Message 011510Z, August 1973, then in effect provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. They must have voluntarily enlisted and not completed more than 179 days of active service by the date of separation. //NOTHING FOLLOWS//