BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130001766
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his:
* last name as Marchel instead of Marshall
* social security number (SSN) as XXX-XX-X3XX instead of XXX-XX-X9XX
2. The applicant states this is due to an administrative error and he wants these corrections in order to receive Department of Veterans Affairs benefits.
.
3. The applicant provides:
* DD Form 214
* Certification of Birth
* 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. On 29 June 1973, the applicant enlisted in the Regular Army. He did not complete initial entry training.
3. A DD Form 4 (Enlistment Contract), DA Form 20 (Enlisted Qualification Record), and other documents throughout his military records show his last name as Marshall and his SSN as XXX-XX-X9XX.
4. On 9 November 1973, he was honorably discharged. He completed a total of 4 months and 11 days of active service. His DD Form 214 shows the last name of Marshall and SSN of XXX-XX-X9XX.
5. The Certification of Birth he provides shows his last name as Marchel.
6. The copy of the Social Security card he provides shows his SSN as
XXX-XX-X3XX.
7. 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. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. He provides a Certification of Birth that shows his last name as Marchel and a copy of a Social Security card showing his SSN as XXX-XX-X3XX.
2. His DD Form 214 shows his last name as Marshall and his SSN as
XXX-XX-X9XX. His record shows he entered, served, and was separated from active duty under the last name and SSN currently shown on his DD Form 214.
3. 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect the changes he requested, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. 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 that which he now uses.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130001766
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