IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015935
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 (Certificate of Release or Discharge from Active Duty) to show his last name as Ab-----h vice A---h and his social security number (SSN) as 557-XX-XXXX vice 577-XX-XXXX.
2. The applicant states he:
* he was young and never corrected it (his name and SSN)
* he thought he corrected his name and SSN during the 1980s
3. He provides his:
* Department of Veterans Affairs (VA) Identification Card
* California Identification Card
* 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 9 November 1978. His
DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), dated 11 July 1997, shows he enlisted using the last name A---h and SSN 577-XX-XXXX.
3. His record contains numerous documents which show that throughout his military service he used the last name A---h and SSN 577-XX-XXXX.
4. On 27 March 1979, he was released from active duty after completing
4 months and 19 days of active military service. His DD Form 214 shows in:
a. item 1 (Name) A---h.
b. item 3 (SSN) the entry 577-XX-XXX; and
c. item 21 (Signature of Member Being Separated) that he authenticated his DD Form 214 with the last name A---h.
5. He submitted the following documents showing his last name as Ab-----h:
* Veterans Identification Card
* California Identification Card
* Social Security Card that shows the above last name and SSN
557-XX-XXXX
6. 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 Soldiers 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 items 1 and 3 state to enter the name and SSN as they are recorded in the military record.
DISCUSSION AND CONCLUSION
1. While the applicant's desire to change his military record to reflect the requested spelling of his last name and SSN is understood, the available evidence shows he entered, served, and was separated from active duty under the spelling of the last name and social security number listed on his DD Form 214.
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 Armys records by changing the spelling of the applicant's last name or SSN at this late date.
3. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the spelling of the last name and SSN he used when he served on active duty and the spelling of the last name and SSN he currently uses.
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) AR20130015935
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015935
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