IN THE CASE OF:	  

		BOARD DATE:  18 March 2014

		DOCKET NUMBER:  AR20130013259 


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:

   a.  A completely different Social Security Number (SSN) than the one he served under.

b. His name as "A___ L____ M_______" instead of "L____ A___ M_______."

2.  The applicant states he joined the Army using an SSN he later found to be incorrect.  Additionally, according to his birth certificate his first and middle names are reversed.

3.  The applicant provides:

* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* Utah Certificate of Live 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.  The applicant enlisted in the Regular Army on 13 January 1975.  His DD Form 398 (Statement of Personal History) and DD Form 4 (Enlistment Contract - Armed Forces of the United States) list his name as "L____ A___ M_______."  In addition, these forms show a completely different SSN than what he requests.

3.  A review of every document contained in the applicant's military personnel record shows he served under the name of "L____ A___ M_______," and with an SSN that is completely different from the SSN he requests to be documented in his record.

4.  The applicant provides a Utah Certificate of Live Birth that shows at the time of birth he was given the name "A___ L____ M_______."  He also provides a copy of a signed and dated Social Security Card from 2007 bearing his requested name which contains an SSN that is completely different than the one he served under.

5.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests to correct his DD Form 214 to show his name and SSN as it is listed on his Social Security Card, all of the documents in his military service record show he served in the Army using the name and SSN listed on his DD Form 214.

2.  The available evidence does not show he used the name and SSN listed on the Social Security Card that he provided during his period of active service.

3.  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 now record the requested 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.

4.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the SSN recorded in his military records and to satisfy his desire to have his requested name and SSN documented in his AMHRR.

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)                                         AR20130013259



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ABCMR Record of Proceedings (cont)                                         AR20130013259



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