IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110003689
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 removal of his name and social security number (SSN) from all Department of the Army records.
2. The applicant states he has never served in the military. His brother illegally entered the Army using his identity and the mistake was not caught by the Army.
The fact that his brother was discharged due to drug and alcohol abuse using his identity has been harmful to him and his family and has cost him at least one job.
He goes on to state that his brother passed away and he has submitted all of his information and fingerprints to the Federal Bureau of Investigation (FBI) and Department of Veterans Affairs in an effort to clear the matter up.
3. The applicant provides a three-page letter explaining his application, a copy of his brother's death certificate, and one page of an unofficial transcript.
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 individual named in the records containing the applicant's name and
SSN the former service member (FSM) indicate he enlisted in the Regular Army in Los Angeles, California, on 7 April 1977 for a period of 3 years. The FSM completed basic training at Fort Jackson, South Carolina, and advanced individual training as a supply specialist at Fort Lee, Virginia, before being transferred to Germany on 31 August 1977.
3. On 30 July 1979, the FSM was notified by his commander that he was being recommended for separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 9, due to drug and alcohol rehabilitation failure.
4. The FSM waived all of his rights and acknowledged he understood he would receive an honorable discharge.
5. The appropriate authority approved the recommendation for discharge and the FSM was honorably discharged on 5 September 1979 under the provisions of Army Regulation 635-200, chapter 9, due to drug and alcohol rehabilitation failure. The FSM completed 2 years, 4 months, and 29 days of active service.
6. On 7 February 2011, a staff member of the Board dispatched a letter to the applicant informing him that evidence from the FBI would be essential to establishing the credibility of his application. To date, no response has been received by the staff of the Board.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol and/or drug abuse. A member may be separated because of inability or refusal to participate in or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted; however, neither the evidence submitted with his application nor the evidence of record substantiates his claim.
2. While the applicant contends that he submitted fingerprints and additional information to the FBI, he has not provided the results of his efforts and he has
not provided sufficient evidence to show his brother stole his identity or to explain how he knows it was his brother. In the absence of evidence to show conclusively that the records are in error, there appears to be no basis to grant relief in this case.
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 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) AR20110003689
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