IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140010476
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 social security number (SSN) as shown on his social security card and to show his first name as shown on his birth certificate.
2. He states his SSN and name are both wrong in his military record.
3. He provides his social security card and birth certificate.
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 15 January 1980. His DD Form 4 (Enlistment/Reenlistment Document) shows the SSN and first name that are shown on his DD Form 214.
3. His DD Form 1966/8 (Record of Military Processing - Armed Forces of the United States) shows in Section X (Statement of Name for Official Records):
a. item 48a, his first name and suffix as shown on his birth certificate;
b. item 48b, he had not changed his name through any court or other legal procedure and that he preferred to use the name R____ R_____ S__________, the name that appears on his DD Form 214. He signed the document using this name; and
c. item 48c, his social security account number reflects the name, D___ R_____ S_________ Jr., which is the name listed on his birth certificate.
4. The documents in his military personnel records consistently show his SSN and name as they appear on his DD Form 214. His service record does not contain any documents that show the SSN listed on his social security card or that he used the first name that he requests when he was on active duty.
5. He was discharged on 17 April 1981. His DD Form 214 does not show the name that is listed on his birth certificate and social security card.
6. He provided a birth certificate and social security card that shows a first name, middle name, and suffix that are not recorded in his military personnel records.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. 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 his SSN as shown on his social security card and his first name as shown his birth certificate, all documents in his military service records show he served on active duty using a different SSN and first name.
3. 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 name and SSN recorded on his DD Form 214 and to satisfy his desire to have the requested 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) AR20140010476
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ABCMR Record of Proceedings (cont) AR20140010476
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