IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010546
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first and middle name as M. D----.
2. He states his name is incorrect on his DD Form 214.
3. He provides:
* his DD Form 214
* his Department of Veterans Affairs identification card
* the signature and personal data pages of his U.S. Passport issued on
1 March 2006
* his Republic of China (R.O.C) (Taiwan) Resident Certificate issued on
4 March 2010
* his Michigan Identification Card with an expiration date of 25 April 2012
* his Social Security card
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) Delayed Entry Program (DEP) on 2 May 1977. On 9 May 1977, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 10 May 1977. He was subsequently discharged from the RA on 7 December 1979.
3. A review of his record shows he enlisted and was discharged under the name M------ K---- J------. This is the name shown in item 1 (Name) of his DD Form 214. The record does not show he used any other name during his service.
4. The documents he provides show the name M. D---- J------. The social security number (SSN) shown on his social security card matches the SSN shown in his military service record, and the date of birth (DOB) shown on other documents he provides matches the DOB shown in his record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant used the name M------ K---- J------ during his Army service. It appears he changed his name sometime after he was discharged.
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 record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. In view of the foregoing, there is no basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20110010546
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110010546
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000739
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 431-XX-XXXX instead of 436-XX-XXXX. His DD Form 214 shows his SSN as 436-XX-XXXX. All of his service personnel records show his SSN as 436-XX-XXXX.
ARMY | BCMR | CY2011 | 20110006787
Application for correction of military records (with supporting documents provided, if any). ____________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) AR20110006787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006787 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2011 | 20110005833
The applicant's records show he was inducted into the Army of the United States on 8 May 1969 using his Army service number. This DOB is consistent with the date that is documented throughout his military record. According to the available evidence the SSN that is shown on the applicant's DD Form 214 does not reflect the SSN that he was inducted with and served under.
ARMY | BCMR | CY2011 | 20110003847
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. A review of his record shows he used the middle initial "M" throughout his military service. The evidence of record shows the applicant chose to use a middle name beginning with "M" when he initially enlisted and continued to use that...
ARMY | BCMR | CY2012 | 20120001378
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1979 to show his: * social security number (SSN) as "yyy-yy-2543" (a completely different number) instead of "xxx-xx-2421" * date of birth (DOB) as "25 March xxxx" instead of "25 May xxxx" 2. The evidence of record shows upon his initial enlistment in the NJARNG and entry on active duty the applicant listed his SSN as "xxx-xx-2421" and his DOB as "25...
ARMY | BCMR | CY2011 | 20110010754
His DD Form 47 (Record of Induction) shows his original SSN was marked through and he was assigned a temporary identification number (TIN) of 9xx-xx-xxxx. He provided a copy of his social security card which shows his SSN as 4xx-xx-xxxx which is different from the SSN recorded throughout his military records. Although the applicant's social security card shows the SSN of 4xx-xx-xxxx, it appears he did not have confirmation of this information when he processed for induction or during his...
ARMY | BCMR | CY2013 | 20130018567
The applicant requests his correct social security number (SSN), as shown on his social security card, be entered on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 16 September 1974. 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. As a result, the Board...
ARMY | BCMR | CY2012 | 20120002163
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * the eighth digit of his social security number (SSN) as "6" instead of "1" * his date of birth (DOB) as 24 May 1943 instead of 13 May 1944 2. Documents contained in the applicant's military personnel records show the eighth digit of his SSN as 6." His service record does not contain any documents that show his DOB as 24 May 1943.
ARMY | BCMR | CY2012 | 20120011368
ARMY | BCMR | CY2012 | 20120007870
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show a different social security number (SSN). _______ _ 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.