BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017645
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 correct:
* date of birth (DOB)
* social security number (SSN)
* first name
2. The applicant states, in effect, the information is incorrect and he needs it corrected to obtain a home loan certificate.
3. The applicant states he provides a copy of his certificate of birth, social security card, and DD Form 214; however, only the certificate of birth and DD Form 214 were attached to his request.
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 was a U.S. Army Reserve Soldier who entered active service on 6 August 1979.
3. A review of all documents contained in the applicant's military personnel record shows he served under the same first name (Ronnie), DOB (29 November 1956), and SSN (xxx-xx-x53x) that are reflected on his DD Form 214 throughout his tenure of service.
4. The applicant provides a copy of his certificate of birth that shows his DOB as 29 November 1957 and his first name as Ronald.
5. Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established 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, DOB, 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 first name, DOB, and SSN as something other than what is listed, all of the documents in his availabe military service records show he served in the Army using the same first name, DOB, and SSN throughout his tenure of service.
2. The available evidence does not show he used the DOB or the first name listed on his certificate of birth during the time that he served on active duty.
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 his first name, DOB, and SSN as something other than what is listed in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records 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) AR20130017645
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