Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012802
Original file (20090012802.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090012802 


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 that his military records be changed to show his birth name K______ I. C______ and social security number (SSN) ***-**-1972 instead of his adopted name K______ R. W_______ and SSN ***-**-8352.

2.  The applicant states that K______ R. W_______ is his adopted name.  He states he is having difficulty accessing Department of Veterans Affairs benefits due to the two different names and SSN's. 

3.  The applicant provides, in support of his application, an original identification card from the Texas Department of Criminal Justice, an original 1979 Federal Income Tax Return statement, an original 1978 Federal Income Tax Return with wage and tax statements from six employers, an original 1977 Federal Income Tax Return with wage and tax statements from six employers, a letter from the Office of Servicemen's Group Life Insurance, and a Social Security Statement.  He also provides a copy of his DD Form 214 (Report of Separation From Active Duty) with an effective date of 8 April 1976.

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 available evidence show K______ R. W_______ enlisted in the Regular Army on 16 November 1973 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman).

3.  Item 1 (Service No./SSAN) of the available DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows SSN ***-**-8352.  Item 5 (Last Name - First Name - Middle Name) shows W________, K______ R__.

4.  The available enlistment orders issued by the Armed Forces Examining and Entrance Station, Abilene, TX show the name W________, K______ R. and
SSN ***-**-8352.

5.  The name K______ R. W_______ and SSN ***-**-8352 is shown throughout the available record.

6.  On 8 April 1976, K______ R. W_______ was discharged under the Expeditious Discharge Program.  He completed 2 years, 4 months, and 23 days of active service that was characterized as under honorable conditions.  

7.  The available DD Form 214, Item 1 (Last Name-First Name-Middle Name) W________, K______ R__.  Item 3 (Social Security Number) shows 
SSN ***-**-8352.

8.  Discharge orders issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ show the name W________, K______ R. and SSN ***-**-8352.

9.  The 1979 Federal Income Tax Form the applicant submitted contains the signature K______ R. W_______.  

10.  The 1978 Federal Income Tax Form and the Wage and Tax Statements, submitted by the applicant shows the name K______ W_______  or K______ R. W_______ and SSN ***-**-8352.

11.  The 1977 Federal Income Tax Form and the Wage and Tax Statements, submitted by the applicant, shows the name K______ W_______  or K______ R. W_______ and SSN ***-**-8352.
12.  The letter, dated 18 May 1976, from the Office of Servicemen's Group Life Insurance is addressed to K______ R. W_______ and shows SSN ***-**-8352.

13.  The identification card from the Texas Department of Criminal Justice, submitted by the applicant, was issued to C______, K______ I_______.

14.  The Social Security Statement, dated 1 July 2008, from the Social Security Administration is addressed to K______ R. C______.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to show his birth name K______ I. C______ and SSN ***-**-1972 instead of K______ R. W_______ and SSN ***-**-8352.

2.  There is no evidence other than the applicant's own statement linking the name K______ I. C______, and SSN ***-**-1972 with the name K______ R. W_______ and SSN ***-**-8352.

3.  There is no evidence to show the name K______ R. W_______ and 
SSN ***-**-8352 as shown in the available military records are incorrect.

4.  The applicant served under the name of K______ R. W_______ and
SSN ***-**-8352 during his entire period of service.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data/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, those records should not be changed.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.








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)                                         AR20090012802



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012802



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060011406

    Original file (20060011406.txt) Auto-classification: Denied

    The applicant requests, in effect, that the name on his discharge documents and military service records be corrected. He also states, in effect, that his discharge documents and military service records should show his correct name as T___ R__ R_____. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant...

  • ARMY | BCMR | CY2011 | 20110015086

    Original file (20110015086.txt) Auto-classification: Approved

    He states his SSN as shown on his DD Form 214 is obviously in error and is inconsistent with his Internal Revenue Service tax records, the Social Security Administration, and other official agencies' records. The other few active duty related documents in his records containing an SSN show it as X7X-XX-XX7X. _______ _ 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.

  • ARMY | BCMR | CY2013 | 20130014789

    Original file (20130014789.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "45x-xx-xxxx" instead of "54x-xx-xxxx." There is no evidence of record and he did not provide any evidence that shows he used the SSN of "45x-xx-xxxx " at any time during his active duty military service. When the applicant was inducted into the Army on 20 August 1970 his SSN was recorded as 54x-xx-xxxx on every document contained in his...

  • ARMY | BCMR | CY2008 | 20080007300

    Original file (20080007300.txt) Auto-classification: Denied

    A DD Form 4, dated 3 July 1974 shows the applicant’s SSN as xxx-xx-xx92. On the various documents completed by the applicant at the time of his initial entry onto active duty, he listed his SSN as xxx-xx-xx92. __________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.

  • ARMY | BCMR | CY2012 | 20120019928

    Original file (20120019928.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show a different social security number (SSN). A review of his Army Military Human Resource Record (AMHRR) revealed that all documents contained in his record bearing his SSN reflect the SSN he claims is incorrect. The evidence of record shows he served under the SSN shown on his DD Form 214 throughout his entire military service.

  • ARMY | BCMR | CY2012 | 20120022944

    Original file (20120022944.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) with the last three digits as "164" vice "604." The evidence of record shows the applicant listed his SSN with the last three digits as "604" upon his enlistment in the USAR DEP and the RA. _______ _ 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...

  • ARMY | BCMR | CY2011 | 20110005754

    Original file (20110005754.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Prior to induction into the Army of the United States, on 2 November 1965, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the numbers "81" in the eighth and ninth digits. 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 by: * deleting the current SSN in...

  • ARMY | BCMR | CY2010 | 20100030147

    Original file (20100030147.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 4xx-7x-8xxx instead of 9xx-0x-2xxx. There is no evidence of record and he did not provide any evidence that shows he presented his Social Security card to update his record at any time during his active duty service. ABCMR Record of Proceedings (cont) AR20100030147 3 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2011 | 20110009988

    Original file (20110009988.txt) Auto-classification: Denied

    Item 2 (Service Number) of his DD Form 47 (Record of Induction) contains the temporary identification number (TIN) 943-xx-xxxx. His DD Form 47 and DD Form 398 shows he was inducted using the TIN 943-xx-xxxx and all of the documents in his MPRJ indicate he used this TIN throughout his period of active service. ABCMR Record of Proceedings (cont) AR20110009988 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009988 2 ARMY BOARD...

  • ARMY | BCMR | CY2012 | 20120009728

    Original file (20120009728.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states that his SSN is wrong on his DD Form 214. 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 to show his SSN as listed on his social security card.