2. The applicant requests that his DD Form 214, Report of Transfer or Discharge, be changed to reflect his correct name and social security number.
3. The applicant states that he enlisted in the Army using his brothers name and social security number because he had been denied enlistment using his true identity and he had a strong desire to serve.
4. The applicants military records reflect that he did not enlist in the Regular Army, but was inducted into the Army of the United States for 2 years. His date of induction was 9 December 1970 and he was inducted under his brothers name and social security number. Trained as an infantryman, the applicant served in Germany from June to October 1971. On 23 October 1971, he was charged with assaulting his commander. He was placed in confinement and tried by a special court-martial on 23 December 1971. Convicted, he was sentenced to confinement at hard labor for 6 months, forfeiture of $75 per month for 6 months, and a Bad Conduct Discharge (BCD) which was suspended. He was transferred to the US Army Correctional Treatment Facility, Fort Riley, Kansas, where he served his sentence.
5. The applicant was released from confinement in May 1972 and transferred to Fort Knox, Kentucky. At Fort Knox, he absented himself without leave (AWOL) for 1 day on two separate occasions. He was honorably discharged on 6 July 1973 with 2 years of creditable service and 211 days of lost time due to confinement and AWOL.
6. While he was in confinement at Fort Riley, the Social Security Administration contacted him because they were receiving earnings data under his [his brothers] social security number from two different sources and locations. The Army was reporting income earned at Fort Riley and Chrysler Corporation was reporting income earned in Detroit, Michigan [where his brother was employed]. The correspondence was addressed to the applicant using his true name and advised him that he should ask the Army to correct its records.
CONCLUSIONS:
1. The applicant did not enlist in the Army; he reported for induction. He was most likely motivated to serve not out of a sense of patriotism, but out of a sense of loyalty to his brother who actually received the induction notice.
2. The applicant was a terrible soldier. In addition to receiving numerous nonjudicial punishments under Article 15, Uniform Code of Military Justice, he was court-martialed for striking his commanding officer. He was convicted and sentenced to 6 months confinement and a suspended BCD.
3. The Social Security Administration, after an investigation into misuse of social security account numbers, determined that the applicant was improperly reporting his military income under his brothers social security account number, thus establishing that the applicant actually served, not his brother.
4. In correcting the applicants DD Form 214 to reflect his service, the record should also be corrected to reflect that he, not his brother, has a Federal conviction and a criminal record.
5. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicants records as indicated below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected:
a. by changing the DD Form 214 of the individual concerned to reflect his true name and social security number; and
b. by reflecting in the remarks section that the individual concerned performed duty under his brothers name and social security account number which shall be entered in that section.
2. That the court-martial record maintained by the US Army Legal Services Agency be corrected to show the applicants name and social security number.
3. That the criminal investigative reports maintained by the US Army Crime Records Center (CRC), together with any computerized offense reporting systems to which the CRC provides input, be corrected to reflect that the applicant was the subject of any criminal activity now attributed to his brother.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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