IN THE CASE OF: 

		BOARD DATE:	  28 May 2014

		DOCKET NUMBER:  AR20130015924 


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 correct his name, social security number, dates of enlistment and discharge, date of birth (DOB), and place of birth.
2.  He states his DD Form 214 and military discharge service forms (i.e., Certification of Military Service) should be corrected to show his:
* Name as W------ A------ vice W------ A------ Jr.
* Social Security Number (SSN) as XXX-1X-XXX2 vice XXX-5X-XXX3 
* DOB as 19 January 1965 vice 30 July 1954 
* Date he enlisted as 11 September 1983 vice 31 July 1972 
* Date he was discharged from 25 May 1985 vice 25 June 1974 
* Place of birth as Macon, MS vice Columbus, MS 
3.  He provides copies of his:
* Self-authored statement 
* Certification of Military Service 
* Illinois Driver's License
* Social Security card
* Certificate of Life Birth


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 31 July 1972.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows in:
* Item 1 (Service number/social security account number (SSAN)) the entry XXX-5X-XXX3 
* Item 5 (Last name, First Name, Middle Name) the entry A------, W------ Jr. 
* Item 6 (Date of enlistment/induction) the entry 31 July 1972 
* Item 21 (Date of Birth) the entry 30 July 1954 
* Item 23 (Place of Birth) the entry Columbus, MS
3.  His record is void of a DD Form 214 for his initial period of service.  However, it contains a Certification of Military Service, dated 13 May 1980, which shows he served in the RA from 31 July 1972 to 25 June 1974.  This form also shows his name as W------ A------ and his SSN as XXX-5X-XXX3.
4.  He submitted a Certification of Military Service, dated 13 August 2013, which shows his:
* name as W------ A------
* SSN as XXX-5X-XXX3 
* DOB as 30 July 1954 
* Place of Birth as Columbus, MS
5.  His DD Form 4, dated 26 June 1974, shows he reenlisted in the RA on 		   26 June 1974 for a period of 5 years.  This DD Form 4 shows in:
* Item 1 the entry XXX-5X-XXX3 
* Item 5 the entry A------, W------ Jr. 
* Item 6 the entry 26 June 1974 
* Item 21 the entry 30 July 1954 
* Item 23 the entry "NA"
6.  On 25 June 1979, he was honorably discharged from active duty after completing a total of 6 years, 10 months, and 25 days of active military service.  The DD Form 214 he was issued, dated 25 June 1979, shows in:
* Item 1 (Last Name, First, Name, Middle Name) his name as A------, W------ Jr. 
* Item 3 (SSN) XXX-5X-XXX3 
* Item 4 (DOB) 30 July 1954
7.  On 31 July 1981, he enlisted in the Mississippi Army National Guard (MSARNG).  His record contains a DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows in:
* Item 1 (Last Name, First Name, Middle Name) the entry A------, W------ Jr. 
* Item 2 (SSN) the entry XXX-5X-XXX3 
* Item 21 (DOB) the entry 30 July 1954 
8.  On 13 May 1981, he extended his enlistment in the MSARNG.  His record contains a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) which shows in:
* Item 2 (Last name, First Name, Middle Name) the entry A------, W------ Jr. 
* Item 3 (SSN) the entry XXX-5X-XXX3 
9.  On 8 November 1988, he was discharged from the MSARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The National Guard Bureau Form 22 (Department of the Army and Air Force, NGB, Report of Separation and Record of Service) he was issued shows in:
* Item 1 (Last Name, First Name, Middle Name) the entry A------, W------ Jr. 
* Item 3 (SSN) the entry XXX-5X-XXX3 
* Item 7 (DOB) the entry 30 July 1954 
10.  Orders Number D-07-021060, issued by the USAR Personnel Center (now known as U.S. Amy Human Resources Command), dated 10 July 1991, show the applicant was honorably discharged from the USAR on 12 July 1991.

11.  His record contains numerous documents which show that throughout his military service he used the:
* name A------, W------ Jr. 
* SSN XXX-5X-XXX3 
* DOB 30 July 1954 
* Place of Birth Columbus, MS
12.  He submitted a/an:
	a.  Illinois Driver's License which shows his name as W------ A------; 
	b.  State of Mississippi, Certificate of Live Birth, dated 16 October 1979, which shows his name as W-----(this first name is not the one he is requesting or that appears in his record) A------ and his date of birth as 19 January 1965; and 
   c.  Social Security card that shows his name as W------ A------ and SSN as XXX-1X-XXX2.
13.  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 states, in pertinent part, 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.  The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSION
1.  While the applicant's desire to change his military records is understood, all of the documents in the applicant's record show he used the following when he enlisted and when he served in an active duty status:
* name:  W------ A------ Jr.
* SSN:  XXX-5X-XXX3 
* DOB:  30 July 1954
* date initially entered active duty:  31 July 1972
* date initially discharged from active duty:  25 June 1974 
* date ultimately discharged from the USAR:  12 July 1991
* Place of Birth:  Columbus, MS
2.  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.  There appears to be no compelling reason to compromise the integrity of the Army’s records by changing his name at this late date.
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)                                         AR20130015924





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ABCMR Record of Proceedings (cont)                                         AR20130015924



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