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ARMY | BCMR | CY2014 | 20140006534
Original file (20140006534.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140006534 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Mxxxki" instead of "Mxxxw" and show his social security number (SSN) as listed on his social security card.  

2.  He states, in effect, his records should be changed to show his legal name change and SSN.  

3.  He provides:

* Department of Veterans Affairs (VA) Form 10-5345 (Request for and Authorization to Release Medical Records or Health Information) with attachments
* Social security card
* Identification card
* Birth certificate
* Court decree for name change
* Affidavit of identity
* DD Form 214
* Judgment order for name change
* Social Security Administration (SSA) Form 2458 (Report of Confidential Social Security Benefit Information)



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 provided a copy of his birth certificate which shows he was born on 27 May 1952 and his last name is recorded as "Mxxxki."  He provided a court decree which shows his last name and his parents' last names were changed from "Mxxxki" to "Mxxxw" on 19 December 1955.

3.  The applicant enlisted in the Regular Army on 16 July 1970.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his last name as "Mxxxw" and an SSN that is different from the SSN listed on his social security card.  

4.  The majority of the documents in his military personnel records, to include the DD Form 398 (Statement of Personal History) and DA Form 41 (Record of Emergency Data) he completed in connection with his enlistment, consistently show his last name and SSN as it appears on his DD Form 214.  

5.  His service record also contains a DD Form 1584 (National Agency Check Request) which shows his last name as "Mxxxw" and his alias/former name as "Mxxxki."  This form lists a different SSN than the SSN listed on his social security card.  

6.  He was discharged on 7 April 1972.  The DD Form 214 issued for this period of service shows his last name as "Mxxxw" and an SSN that is different than the SSN listed on his social security card.  

7.  On 15 July 1976, he enlisted in the U.S. Army Reserve under the delayed entry program.  His enlistment contract shows the last name and SSN that are listed on his social security card.  His enlistment was voided and he was released from the custody and control of the Army on 5 August 1976.  

8.  He provided the following documents which shows:

	a.  A copy of his social security card that lists an SSN that is different from the SSN listed in his service record.

   b.  A judgment order that shows his last name was changed from "Mxxxw" to "Mxxxki" on 28 September 2010.

   c.  An SSA Form 24-58, dated 15 May 2013, with the SSN listed on his social security card and his last name as "Mxxxki."  Block 10 (Other) on this form indicates he was issued two SSN's in error and he was advised not to use the SSN that is listed on his DD Form 214.

9.  Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214.  It states 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.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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.

2.  Although the applicant requests correction of his records to show the last name that is listed his birth certificate and his SSN as it is shown on his social security card, documents in his military service records show he served on active duty using a different last name and SSN.

3.  The evidence of record shows he enlisted in the USAR in July 1976 using the last name on his birth certificate and the SSN that is listed on his social security card.  However, he did not legally change his last name back to the name listed on his birth certificate until 28 September 2010, which is 38 years subsequent to his discharge on 7 April 1972.

4.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name and SSN recorded in his military records and to satisfy his desire to have the current last name and SSN documented in his OMPF.
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)                                         AR20140006534



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ABCMR Record of Proceedings (cont)                                         AR20140006534



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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