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ARMY | BCMR | CY2003 | 2003090246C070212
Original file (2003090246C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        
        
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003090246


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Luis Almodova Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Raymond J. Wagner Member
Ms. Mae M. Bullock Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his name and his Social Security Account Number (SSAN) be changed on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that Item 1 of the DD Form 214 should be
S-----e, Maurice B----n, instead of S-----e, B----n Morris, and his SSAN should be
**5-44-3*** instead of the number currently shown.

4. In support of his application, the applicant submitted a copy of his DD Form 214 with an effective date of 17 January 1966, a copy of his social security account card, and a copy of his birth certificate, which was issue by the Registrar General of Vital Statistics, New Brunswick, Canada.

5. The applicant’s military records show that he was inducted into the Army of the United States on 16 January 1964. The applicant's DD Form 47, Record of Induction, shows, in Item 1 (Last Name – First Name – Middle Name) that he was inducted into the Army in the name: S-----e, B----n Morris. The name used throughout his military records and service is the name he apparently used when he registered with the Selective Service Board.

6. All the records, to include those related to his finances, insurance, and those related to emergency notification actions contained in the applicant's service personnel record show the name S-----e, B----n Morris.

7. The SSAN entered in Item 32 (Remarks) of the applicant's DD Form 214 has only eight digits instead of the required nine. One digit of the SSAN, a five in the third position, is missing, and all the remaining digits should be moved to the right one space.

8. The applicant was released from active duty and was transferred to the US Army Reserve (USAR) Control Group (Annual Training), on 17 January 1966, under the provisions of Army Regulation (AR) 635-200, in the rank and pay grade of Specialist Four, E-4, with 2 years and 2 days active military service.

9. The applicant's DD Form 214 shows the name, S-----e, B----n Morris. The applicant authenticated the contents of this record with his signature on his release from active duty date.


CONCLUSIONS:

1. In the absence of a showing of material error or injustice, the applicant's name in his military records should not be changed. The records created in 1964 by the Army reflect the name under which the applicant was inducted and under which he performed his military service.

2. The applicant provides no explanation or otherwise satisfactorily demonstrated by competent evidence that his name as shown on his DD Form 214, the name under which he served, should be changed to the name that he now uses.

3. The fact that the applicant now wishes to use yet another combination of his name as opposed to his given name as recorded on his birth certificate, is not a basis to correct his military records.

4. In so far as the applicant's name is concerned, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

5. The SSAN was incorrectly entered in Item 32 of the applicant's DD Form 214, due to an apparent typographical error. One digit of the SSAN, a five in the third position, is missing, and all the remaining digits should be moved to the right one space.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by: correcting the SSAN shown in Item 32 of the applicant's DD Form 214 by inserting a five in the third position and moving all the remaining digits of the SSAN one space to the right.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___sk___ __mb____ ___rjw __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Stanley Kelley_______
                  CHAIRPERSON




INDEX

CASE ID AR2003090246
SUFFIX
RECON
DATE BOARDED 2003/11/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 2 100.0100
3. 10 100.0900
4.
5.
6.



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