IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110013021
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 the name and social security number (SSN) shown in his record.
2. He states he had his name legally changed to M------- H----- A----- on 26 September 2003 and he had his SSN changed in 2009. He would like his SSN to match his military records for Department of Veterans Affairs purposes.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a court order, a driver license, 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 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 Regular Army on 9 September 1981 and he was honorably released from active duty on 8 September 1984.
3. A review of his Official Military Personnel File shows he used the name L---- M------- H---------- and the SSN 3XX-XX-XXXX throughout his military service.
4. He provides:
* a court order showing, on 26 September 2003, a court changed his name from L---- M------- H---------- to M------- H----- A-----
* a social security card bearing the name M------- H----- A----- and SSN 7XX-XX-XXXX
* a driver license bearing the name M------- H----- A-----
DISCUSSION AND CONCLUSIONS:
1. 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 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.
2. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his name and SSN. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name and SSN under which he served.
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) AR20110013021
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013021
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