IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120007713 


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, in effect, correction of his military records to show a different name and social security number (SSN).

2.  The applicant states:

* he is currently under the full name "M____ A. C____" and the SSN 
"XXX-XX-3304"
* his previous name due to Federal regulation was "S____ B____" and his SSN was "XXX-XX-0543"
* he also used several other names

3.  The applicant provides no additional evidence.

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's records show he enlisted in the U.S. Army Reserve (USAR) on 20 February 1986.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and all accompanying allied documents show his name as "M____ A. C____" and his SSN as "XXX-XX-3304."

3.  He entered active duty for training (ADT) on 26 Match 1986.  His orders to ADT show the same name and SSN as shown on his DD Form 4.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty also show the same name and SSN.

4.  He completed the required training for military occupational specialty 76J (Medical Supply Specialist) and was honorably released from ADT to the control of the USAR on 10 July 1986.

5.  Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his name as "M____ A. C____" and item 3 (SSN) shows his SSN as "XXX-XX-3304."  The applicant authenticated this form using this same full name.

6.  His records contain multiple documents that show the same name and SSN.  He authenticated several of these documents, as required, using this same name.

7.  He was ultimately honorably discharged from the USAR on 22 February 1994. 
His discharge orders show his name as "M____ A. C____" and his SSN as "XXX-XX-3304."

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states that 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 AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted and served under the name "M____ A. C____" and the SSN "XXX-XX-3304."  This name and SSN are consistent with the name and SSN recorded on several documents in the applicant's service record throughout this period of enlistment.  The applicant did not use the SSN or any of the several names he now claims.

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant's name or SSN in this case.

3.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214 and USAR discharge orders, were correct at the time and there is an insufficient basis to grant him relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20120007713



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ABCMR Record of Proceedings (cont)                                         AR20120007713



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