IN THE CASE OF:	  

		BOARD DATE:	    26 September 2013

		DOCKET NUMBER:  AR20130002311 


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 (Report of Separation from Active Duty) to show his first name as Samuel and his social security number (SSN) as XXX-XX-6348.

2.  The applicant states:

* his first name is Samuel – his DD Form 214 shows his first name as Amar
* the last digit of his SSN is 8, not 5

3.  The applicant provides:

* birth certificate
* social security card
* New York driver's license
* letters from the Department of Veterans Affairs (VA), dated 11 January 2013 and 16 January 2013
* VA Statement in Support of Claim

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 29 November 1976 for a period of 6 years.  His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) shows in:

* item 1 (Name) – the first name Amar
* item 2 (SSN) – XXX-XX-6345

3.  Section III (Verification of Personal Data), item 23, of his DD Form 1966 shows:

	a.  If Preferred Enlistment Name (Name Given in Block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:  NAME AS SHOWN ON BIRTH CERTIFICATE.  The applicant entered the first name Samuel.

	b.  I hereby state that I have not changed my name through any court procedure; and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent.  I further state that I am the same person as the one whose name is shown in block 1.

4.  He was discharged from the USAR DEP on 11 January 1977 for immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 12 January 1977 and he was honorably discharged on 1 June 1977.

5.  His DD Form 214 shows in:

* item 1 (Last Name, First Name, Middle Name) – the first name Amar
* item 3 (SSN) – XXX-XX-6345

6.  All of his service personnel records show his SSN as XXX-XX-6345.

7.  He provides:



* a copy of his birth certificate which shows his first name as Samuel
* a copy of his social security card that shows his SSN as XXX-XX-6348

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.  It establishes standardized policy for 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.  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 applicant contends the first name and SSN shown on his DD Form 214 are incorrect.

2.  Although his birth certificate shows his first name as Samuel, the evidence of record shows he declared he preferred to use the first name Amar when he enlisted in the USAR DEP in November 1976.

3.  The evidence of record shows he recorded his SSN as XXX-XX-6345 when he enlisted in the USAR and RA and this SSN was used exclusively during his military service.  His DD Form 214 shows this SSN when he was discharged in June 1977.

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 now desires to record his requested first 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.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the first name and SSN recorded in his military records and to satisfy his desire to have his requested first name and SSN documented.

6.  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 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)                                         AR20130002311



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ABCMR Record of Proceedings (cont)                                         AR20130002311



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