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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20090012802
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