IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013219
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 middle name, social security number (SSN), and date of birth (DOB) be corrected.
2. The applicant states that he had two names, two SSN's, and two birth dates.
3. The applicant provides a copy of his social security card and birth certificate 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's military records show he enlisted in the Regular Army on 13 May 1981. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared during the enlistment process lists the name, SSN, and DOB that the applicant now states are incorrect.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) which was prepared at the time of his entry on active duty contains the same name, SSN, and DOB that are listed in his DD Form 4. He continued to serve until he was honorably released from active duty on 14 May 1984.
4. The DD Form 214 issued to the applicant on 14 May 1984, the date of his separation, lists the same name, SSN, and DOB as those shown on his DD Form 4 and DA Form 2-1.
5. All orders, documents, and other information on file in the applicant's military personnel records jacket (MPRJ), some of which were authenticated by the applicant with his signature, all contain the same name, SSN, and DOB as those entered on his DD Form 4 and DA Form 20. This same name, SSN, and DOB were used by the applicant throughout his tenure on active duty and is consistently entered in all official records and documents prepared for him during his military service.
6. The applicant provides a copy of a social security card and birth certificate that lists the name, SSN, and DOB that he now states are correct. The middle name, SSN, and DOB listed on the social security card and/or birth certificate are different from the name, SSN, and DOB shown throughout the applicant's military records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his name, SSN, and DOB as currently shown in his military record should be corrected.
2. In his application to the Board, the applicant states that he had two names, two SSN's, and two DOB's. This admission makes it clear that when he performed his military service, he maintained a different name, SSN, and DOB than those he now claims are correct. The middle name, SSN, and DOB shown on the social security card and/or birth certificate are not consistent with the middle name, SSN, and DOB entered on the applicant's DD Form 4, DA Form
2-1, and in the military records prepared on him upon his entry on active duty and in all the documents and orders on file in his MPRJ.
3. It is clear the applicant's active duty service was performed under the middle name, SSN, and DOB he now claims are in error, and that this middle name, SSN, and DOB were recorded in the military records prepared on him upon his entry on active duty and throughout his active duty tenure. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the middle name, SSN, and DOB listed in the applicant's military records should not be changed.
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) AR20100013219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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