BOARD DATE:	1 December 2009

		DOCKET NUMBER:  AR20090010697 


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 correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his court-ordered name change from 
"W--e W----n S--p" to W--e S---h."  He requests that his Social Security Number (SSN) also be changed from "2xx-5x-9xxx" to "7xx-2x-7xxx."  His third request is to add watercraft operator schooling to the military education block of his DD Form 214.

2.  The applicant states, in effect, that his name was changed in the Circuit Court of the Fifth Judicial District, Citrus County, FL.  Additionally, the Social Security Administration (SSA) issued him a new SSN under his court-ordered name change. 

3.  The applicant provides a copy of an undated Form SSA 2458 (Report of Confidential Social Security Benefit Information); and a copy of his Circuit Court of the Fifth Judicial Circuit, Citrus County, FL, Final Judgment of Change of Name, adjudged on 20 September 2004, in support of his application.

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 U.S. Army Reserve (USAR) on 14 July 1978.  On 6 July 1979, he was ordered to Active Duty for Training (ADT) to attend basic combat and advanced individual training.  Upon completion of his ADT, he was issued a DD Form 214 (Report of Separation from Active Duty) that shows he was relieved from ADT on 7 August 1979.  Item 1 (Last Name - First Name - Middle Name) shows the entry "S—p W--e W----n" and item 3 (Social Security Number) as "2xx-5x-9xxx."

3.  Item 16a (Primary Specialty Number and Title) of his DD Form 214 with a separation date of 7 August 1979 shows that he was awarded military occupational specialty (MOS) 61B (Watercraft Operator).  Item 18 (Remarks) shows an entry "Seaman Course."  During this period of service, the applicant served on ADT for 1 month and 2 days.

4.  The applicant enlisted in the Regular Army (RA) on 1 February 1983 for a period of 3 years.  Item 1 (Name (Last, first, middle)) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his name as "S--p W--e W----n" and his SSN as "2xx-5x-9xxx."

5.  The applicant was discharged from this period of service on 28 July 1989 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, by reason of unsatisfactory performance.  He was issued a DD Form 214 that shows in item 1 (Name (Last, first, middle)) the entry "S--p, W--e W----n" and in item 3 (Social Security No.) the entry
"2xx-5x-9xxxx."

6.  The applicant provided a court document from the Circuit Court of the Fifth Judicial Circuit, Citrus County, FL.  This document is titled "FINAL JUDGMENT OF CHANGE OF NAME" under section 68.07, Florida Statutes, that shows the applicant's name change was ordered and adjudged on 20 September 2004.  This document also shows that the applicant's name was "W--e W----n S--p" and his name was changed to "W--e S---h" by the court decree.

7.  On an unknown date, the applicant petitioned the SSA requesting a new SSN under his new name.  The SSA on issued him a new SSN of "7xx-2x-7xxx."

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and it will not be removed from that file or moved to another part of the file.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, 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.

10.  An earlier version of Army Regulation 635-5, in effect in August 1979, provided that item 27 (Remarks) of the DD Form 214 would show a listing of formal in-service training courses successfully completed during the period of service the DD Form 214 covers; e.g. medical and dental, electronics, supply, heavy equipment operations.  This information is to assist the Soldier in employment placement and job counseling, so training courses for combat skills will not be listed.  Later versions of the DD Form 214 included a separate item entry for military education.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed the Seaman Course during his ADT period from 6 July to 7 August 1979 and that he was awarded MOS 61B.  In compliance with the regulatory guidance in effect at the time of the applicant's relief from ADT on 7 August 1979, his military education listed in item 27 of his DD Form 214 is administratively correct.  As for the DD Form 214 issued on 28 July 1989, there is no regulatory requirement to document his watercraft operator training on this DD Form 214 as this specific military education did not occur during his second period of service.

2.  The applicant contends that his name should be changed to "W--e S---h" and his SSN changed to "7xx-2x-7xxx."



3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name and SSN under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should 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, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his current name and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name and SSN, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name and SSN recorded in his military record and to satisfy his desire to have his correct name and SSN documented in his OMPF.

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 that 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)                                         AR20090010697



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ABCMR Record of Proceedings (cont)                                         AR20090010697



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