IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007713
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, in effect, correction of his military records to show a different name and social security number (SSN).
2. The applicant states:
* he is currently under the full name "M____ A. C____" and the SSN
"XXX-XX-3304"
* his previous name due to Federal regulation was "S____ B____" and his SSN was "XXX-XX-0543"
* he also used several other names
3. The applicant provides no additional evidence.
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's records show he enlisted in the U.S. Army Reserve (USAR) on 20 February 1986. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and all accompanying allied documents show his name as "M____ A. C____" and his SSN as "XXX-XX-3304."
3. He entered active duty for training (ADT) on 26 Match 1986. His orders to ADT show the same name and SSN as shown on his DD Form 4. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty also show the same name and SSN.
4. He completed the required training for military occupational specialty 76J (Medical Supply Specialist) and was honorably released from ADT to the control of the USAR on 10 July 1986.
5. Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his name as "M____ A. C____" and item 3 (SSN) shows his SSN as "XXX-XX-3304." The applicant authenticated this form using this same full name.
6. His records contain multiple documents that show the same name and SSN. He authenticated several of these documents, as required, using this same name.
7. He was ultimately honorably discharged from the USAR on 22 February 1994.
His discharge orders show his name as "M____ A. C____" and his SSN as "XXX-XX-3304."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted and served under the name "M____ A. C____" and the SSN "XXX-XX-3304." This name and SSN are consistent with the name and SSN recorded on several documents in the applicant's service record throughout this period of enlistment. The applicant did not use the SSN or any of the several names he now claims.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name or SSN in this case.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including his DD Form 214 and USAR discharge orders, were correct at the time and there is an insufficient basis to grant him 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) AR20120007713
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007713
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100018390
ARMY | BCMR | CY2014 | 20140011346
Application for correction of military records (with supporting documents provided, if any). Documents in the applicant's military personnel record consistently show her name as "O____, M____ R____" and her SSN as ""XXX-XX-9027" throughout the period of her service. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to her name...
ARMY | BCMR | CY2009 | 20090019555
The applicant's military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years. Item 2 (SSN) of her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605. The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.
ARMY | BCMR | CY2011 | 20110020327
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 March 1977 to show his social security number (SSN) as "xxx-xx-xxx9" instead of "xxx-xx-xxx4." Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case. ABCMR Record of...
ARMY | BCMR | CY2008 | 20080018186
The DD Form 214 shows he had 7 years, 3 months, and 8 days of creditable service with a period of lost time from 26 April 1998 through 20 August 1998. Army Regulation 15-185 (Army Board for Correction of Military Records), the ABCMR begins its consideration of each case with the presumption of administrative regularity. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2013 | 20130006888
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests: * rescission of the U.S. Army Criminal Investigation Command (CID) Report of Investigation (ROI), dated 28 February 2008 (Final/SSI 0087-07-CID041-XXXXX-XX) * rescission of the memorandum of reprimand (MOR) issued to the applicant, dated 23 January 2012, and removal of the MOR from his Official Military Personnel File (now known as the Army Military Human Resource Record (AMHRR)) * remission of the alleged debt to the Defense...
ARMY | BCMR | CY2010 | 20100026215
On 28 January 1972, the service member completed a DD Form 398 (Statement of Personal History) indicating a name of "Tommie Laverne M____." ___________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) AR20100026215 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110021953
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 "XXX-XX-8321." The applicant states he was assigned two different SSN's and wants his DD Form 214 corrected to show his SSN as XXX-XX-8321. ABCMR Record of Proceedings (cont) AR20110021953 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021953 2 ARMY BOARD FOR CORRECTION OF...
ARMY | BCMR | CY2012 | 20120011332
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 December 2000 to show his social security number as "xxx-xx-0905" instead of "xxx-xx-4182." He submitted a DA Form 61 (Application for Appointment), dated 9 September 1985 and listed his SSN as "xxx-xx-4182." The evidence of record shows that upon his enlistment in the USAR and appointment as an officer, the applicant listed his SSN as "xxx-xx-4182."
ARMY | BCMR | CY2013 | 20130006918
The discharge documents issued at the time also reflect the same SSN as on his enlistment documents. The evidence of record shows the applicant enlisted, served, and was honorably released from active duty under the SSN that is reflected on his DD Form 214. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).