IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007985 


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 the spelling of his first name as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8  April 2005 to show "Stephen" and correction of his date of birth (DOB) to show "10 January 1981."

2.  The applicant states these entries on his DD Form 214 are incorrect.

3.  The applicant provides copies of:

* his immunization record
* a radiologic examination report, dated 16 May 2000
* a letter from the Internal Revenue Service, dated 2 March 2009
* a letter from the Social Security Administration, dated 25 January 2010

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.  On 24 August 2001, the applicant reenlisted for a period of 6 years.  He had completed 2 years, 2 months, and 7 days of previous active military service and 4 months and 24 days of previous inactive military service.  Enlistment documents from the applicant's initial enlistment were not available for review.

3.  The applicant's official military personnel file (OMPF) contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 24 August 2001.  Item 1 (Name) of this form shows the applicant's first name as "Stephan," item 2 (Social Security Number) shows his social security number (SSN) as "XXX-XX-4253," and item 6 (DOB) shows his DOB as "10 October 1981."

4.  There are no documents available in the applicant's OMPF from his first period of service.  Documents in his OMPF from his last period of service all identify him with the first name "Stephan."

5.  On 8 April 2005, the applicant was discharged from the Army by reason of misconduct.  He had completed 4 years, 8 months, and 15 days of active service that was characterized as under other than honorable conditions.  He had 390 days of lost time.  His first name in item 1 (Name) of his DD Form 214 is shown as "Stephan."  His social security number in item 3 (SSN) is shown as "XXX-XX-4253."  His DOB in item 5 (Date of Birth) is shown as "10 October 1981."

6.  The copy of his immunization record submitted by the applicant shows his first name as "Stephen" hand written at the bottom of the form.  No DOB is shown.

7.  The letter, dated 2 March 2009, from the Internal Revenue Service is addressed using the first name "Stephen" and the taxpayer identification number of "XXX-XX-4253."  No DOB is shown.

8.  The radiologic examination report, dated 16 May 2000, identifies the patient with the first name "Stephen" and the SSN "XXX-XX-4253."  The DOB shown at the bottom of this form is "10 January 1981."

9.  The letter from the Social Security Administration, dated 25 January 2010, states the SSN "XXX-XX-4253" is assigned to an individual identified with the first name "Stephen."  No DOB is shown.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his first name is correctly spelled "Stephen" and his correct date of birth is "10 January 1981."

2.  The applicant's DD Form 4, dated 24 August 2001, shows his first name spelled as "Stephan" and his DOB as "10 October 1981."  The applicant's initial enlistment contract and documents from his first enlistment were not available for review.  All official documents currently in his OMPF, with the exception of the two noted below, identify him with the first name "Stephan."

3.  The applicant's immunization record and the radiologic examination report are the only two documents in his OMPF showing his name as "Stephen" and his DOB as "10 January 1981."  These two documents are not sufficient substantive evidence to refute the entries contained on his DD Form 4.

4.  The letters from the Internal Revenue Service and the Social Security Administration are both dated well after the applicant was discharged from the service.  Although he may now spell his first name as "Stephen" instead of "Stephan," this does not constitute an error in Army records.

5.  Therefore, in view of the above, there is insufficient substantive evidence to provide the relief requested by the applicant.

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)                                         AR20100007985



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007985



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1