IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110011582 


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:

* last name as "A---n" instead of "R----s"
* Social Security Number (SSN) as "xxx-7x-7xxx" instead of xxx-4x-4xxx

2.  He states at the time of his enlistment, the recruiters were using school records to identify potential recruits.  He did not know his actual last name until he enlisted and received his birth certificate which documents his last name as "A---n."

3.  He provides his Certification of Birth and 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 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 enlisted in the Regular Army on 10 March 1981.  He completed training and he was awarded military occupational specialty 64C (Motor Transport Operator).

3.  His enlistment documents are not in the available record; however, a 
DD Form 93 (Record of Emergency Data) and a VA Form 29-8286 (Servicemen’s Group Life Insurance Election), both dated 14 August 1986, show his last name as "R----s" and his SSN as "xxx-4x-4xxx."  He authenticated both forms using the last name "R----s."

4.  A memorandum issued by the U.S. Army Transition Point, Fort Dix, NJ, subject:  Recovery of Dependent Identification Cards, dated 25 June 1987, shows he printed and signed his last name as "R----s."

5.  He was honorably discharged on 26 June 1987, after completing 6 years, 
3 months, and 17 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* Item 1 (Name (Last, First Middle)) the entry "R----s, T--d L-------y
* Item 3 (SSN) the entry "xxx-4x-4xxx"
* Item 21 (Signature of Member being Separated) the signed entry
"T--d R----s"

6.  He provided a State of Florida Certification of Birth that shows his last name as "A---n."  He also provided a copy of his Social Security card issued on          30 November 2010 that shows his SSN as "xxx-7x-7xxx."

7.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that items 1 and 3 of the DD Form 214 will contain the name and SSN taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  His request to change his last name and SSN on his DD Form 214 was carefully considered; however, it is not supported by the evidence of record.


2.  Although the applicant provided a copy of his Social Security card issued on
30 November 2010 that shows his current SSN as "xxx-7x-7xxx," it appears he used the wrong SSN at the time of his enlistment and continued to use this number throughout his active service.

3.  All documents in his personnel record, including his DD Form 214, reflect the last name "R----s" and he signed all documents using the same last name.

4.  For historical purposes, the Army has an interest in maintaining the accuracy 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 now record his correct last name and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  In view of the foregoing, there is an insufficient basis for granting the applicant's requested relief.

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name and SSN, 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 last name and SSN recorded in his military record and to satisfy his desire to have his correct last name and SSN documented in his OMPF.

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)                                         AR20110011582



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ABCMR Record of Proceedings (cont)                                         AR20110011582



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