IN THE CASE OF:	

		BOARD DATE:	27 April 2010  

		DOCKET NUMBER:  AR20090018703 


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 of his records as follows: 

	a.  change his full name from "E----e C--b R-y" to "E--l C--b Jr."; and

	b.  change his Social Security Number (SSN) from "4xx-x2-5xxx" to 
"5xx-4x-6xxx."

2.  The applicant states that he was not adopted by "R-y" upon entry into the Army and that he used his school records. 

3.  The applicant provides a copy of his State Secondary School Permanent Record, dated 23 May 1971; a copy of his certificate of live birth, dated 16 January 1954; a copy of his DD Form 214 (Report of Separation from Active Duty), dated 31 July 1975; and a copy of a notarized statement, dated 2 January 1984, in support of his request.

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.  Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History).  He indicated that his last name was "E----e C--b R-y" and his SSN was "4xx-x2-5xxx."  He authenticated this form by placing his signature in the appropriate block using this name.

3.  The applicant's DD Form 4 (Enlistment Contract) shows he enlisted in the RA on 23 February 1972.  Item 1 (Service Number/SSAN) shows SSN 
"4xx-x2-5xxx" and Item 5 (Last Name, First Name Middle Name) shows the entry "R-y E----e C—b."  He again authenticated this form by placing his signature in the appropriate place using this name. 

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty and reviewed by the applicant at a later date shows his name as
"E----e C--b R-y" and his SSN was "4xx-x2-5xxx."  He authenticated this form by placing his signature in the appropriate block using this name.

5.  He executed a 4-year reenlistment in the RA on 5 March 1974 and again used the name "E----e C--b R-y" and SSN "4xx-x2-5xxx."  He authenticated this form by placing his signature in the appropriate block using this name.

6.  His DA Form 2-1 (Personnel Qualification Record) that was created upon reenlistment and reviewed by him at a later date also shows his name as
"E----e C--b R-y" and his SSN was "4xx-x2-5xxx."  He authenticated this form by placing his signature in the appropriate block using this name.

7.  His records contain various personnel, finance, medical, and other documents, including several records of nonjudicial punishment, an application for an identification card, a fingerprint card, a report of medical examination, separation orders, insurance documents, reduction orders, police records check, statement of medical condition, enlisted efficiency report, and various other documents that show his name as "E----e C--b R-y" and his SSN as 
"4xx-x2-5xxx."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this name.




8.  He was discharged on 31 July 1975 and Item 1 (Name) his DD Form 214 shows his name as "R-y, E----e C—b."  Item 3 (SSN) shows "4xx-x2-5xxx."  The applicant authenticated this form by placing his signature in Item 29 (Signature of Member Being Separated) using this name.

9.  There is no evidence in his records that show he used the name 
"E--l C--b" Jr." or the SSN "5xx-4x-6xxx.

10.  He submitted the following documents:

	a.  A copy of a birth certificate, dated 16 January 1954 showing the name   "E--l C--b Jr." 

	b.  A copy of his State secondary school permanent record, dated 23 May 1974, showing his name as "E--l C--b Jr."

	c.  A copy of a notarized statement, dated 2 January 1984, from his mother stating that the names "E--l C--b Jr" and "E----e C--b R-y" are the same person.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his enlistment on 23 February 1972 and subsequent reenlistment on 5 March 1974, the applicant listed his name as "E----e C--b R-y" and the SSN "4xx-x2-5xxx."  This name and SSN are consistent with the name and SSN used throughout his entire period of military service.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his name and SSN on each form were correct.  He did not use the name "E--l C--b Jr." or the SSN "5xx-4x-6xxx" during the time that he served in an active duty status.

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing his name or SSN in this case.  

3.  A copy of this decisional document, along with the applicant's application will be filed in his service records.  This should serve to clarify any questions or confusion regarding the different names and SSNs and adequately document his correct name and SSN in his record. 



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)                                         AR20090018703



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ABCMR Record of Proceedings (cont)                                         AR20090018703



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