BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008185
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 records be corrected to show his correct Social Security Number (SSN) and date of birth (DOB).
2. The applicant states, in effect, he enlisted at age 16. He used his fathers SSN and a DOB that was not his to enlist in the military. He states that his mother helped him to enter the military and later she requested that he be discharged due to a family hardship. However, he did not understand the ramifications of his actions.
3. The applicant provides a letter from the Social Security Administration stating his actual SSN. He also provides copies of his birth certificate, discharge orders, and DD Form 214 (Report of Separation from Active Duty).
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 applicant enlisted in the U.S. Army Reserve (USAR) in Kansas City, Kansas on 24 September 1976 for a period of 6 years using the SSN of
xxx-xx-xx88 and a DOB of 22 Sxxxxxxxx xxxx.
3. He was ordered to active duty for training at Fort Jackson, South Carolina on 23 January 1977 and served until he was honorably released from active duty (REFRAD) for training and returned to his USAR unit on 7 May 1977.
4. On 4 December 1977, the applicants mother submitted an application to the Army Judge Advocate General (TJAG) requesting that the applicant be released because he was under the age of 18 and no consent was given for his enlistment. She provided a copy of his birth certificate and documents showing she had custody of the applicant.
5. On 13 September 1978, the applicant was discharged under honorable conditions under the provisions of Army Regulation 135-178, paragraph 3-13, due to being a minor who enlisted without consent.
6. The birth certificate provided by the applicant shows he was born on 6 Jxxx xxxx and his SSN is xxx-xx-xx66.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the SSN of xxx-xx-xx88 and the DOB of 22 Sxxxxxxxx xxxx and his records properly reflect such.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his record show his correct SSN and DOB, however, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct SSN and DOB documented in his OMPF. Accordingly, there is no basis for granting the applicants requested relief.
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.
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