IN THE CASE OF:	  

		BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130008889 


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 in:

* Item 1 (Last Name - First Name - Middle Name) his first name as Carlos instead of Larry and his middle name as Larry instead of Carlos
* Item 3 (Social Security Number (SSN)) to show his SSN as xxx-xx-5420 (a different SSN) than "xxx-xx-7613"

2.  The applicant states:

* the SSN ending with 7613 is his deceased mother's SSN; she furnished him with her SSN upon his enlistment in the Regular Army
* he now files his taxes under an SSN ending with 5420 which was issued to him about 10 years ago
* his name has also been changed by the New York City court system; his first name is now Carlos and his middle name is Larry

3.  The applicant provides:

* Letter from the Social Security Administration (SSA) verifying his SSN
* DD Form 214
* Certificate of Birth
* Social Security Card
* Letter from the Internal Revenue Service (IRS)

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 Regular Army on 20 April 1979.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his first name as Larry, his middle name as Carlos, and his SSN as "xxx-xx-7613."  

3.  He authenticated his enlistment contract and all allied documents with his signature using the first name Larry and the middle name Carlos. 

4.  His DA Form 2-1 (Personnel Qualification Record) which was created upon entry on active duty listed his first name as Larry, his middle name as Carlos, and his SSN as "xxx-xx-7613."  He authenticated this form with his signature using these first and middle names. 

5.  He initiated or signed several documents throughout his military service indicating his first name was Larry, his middle name was Carlos, and his SSN was "xxx-xx-7613.  These include:

* VA Form 29-8286 (Servicemen's Group Life Insurance Certificate)
* DD Form 93 (Record of Emergency Data)
* DD Form 1584 (National Agency Check Request)
* DA Form 428 (Application for Identification Card)
* Complete separation packet

6.  On 20 June 1979, he was discharged after having completed 2 months and
1 day of active service.  His DD Form 214 shows in:

* Item 1, his first name as Larry and his middle name as Carlos
* Item 3, his SSN as "xxx-xx-7613"

7.  He provides: 

	a.  A letter from the SSA addressed to an individual with the first name Carlos and the middle name Larry, assigning the individual the SSN "xxx-xx-5420" with a copy of a social security card showing the same. 

	b.  A Certificate of Birth, dated (issued) 30 April 2004, identifying an individual with the first name Carlos and the middle name Larry.

	c.  A letter from the IRS, dated 25 February 2013, identifying a refund issued to an individual with the first name Carlos and the middle name Larry, assigning the individual the SSN "xxx-xx-5420." 

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 the preparation of the DD Form 214.  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 available evidence shows the applicant used the first name Larry, the middle name Carlos, and the SSN "xxx-xx-7613" upon enlistment.  He consistently used this first/middle names and SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, using these first and middle names and indicating the information contained therein was correct.  He did not use SSN "xxx-xx-5420." Likewise, he did not use the first name Carlos or the middle name Larry.

2.  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 understood that the applicant desires to now record different first/middle names and/or a different 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.

3.  The applicant is advised that a copy of this decisional document which confirms the first name shown on his birth certificate will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current first and middle names and current SSN documented in his military records.

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)                                         AR20130008889



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008889



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1