IN THE CASE OF:	  

		BOARD DATE:	 19 February 2015 

		DOCKET NUMBER:  AR20140011346 


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 her military service records to show her full name and correct social security number (SSN), and upgrade of her under other than honorable conditions discharge.

2.  The applicant states there is no record of her enlistment by her full name and correct SSN.  She states she has been trying to prove her enlistment for years. She also states that she was constantly harassed by her superiors, which caused her to go absent without leave (AWOL) from the U.S. Army.  She regrets that she allowed her career to be interrupted by another person.

3.  The applicant provides no documentary evidence in support of her 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.  A DD Form 1966 (Application for Enlistment – Armed Forces of the United States), completed during the applicant's enlistment processing, certified by her on 2 April 1986, and recertified on 29 December 1986 shows in:

   a.  section V (Certifications) –
   
* item 40 (Certification of Applicant), in part, "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief."

* block b (Typed or Printed Name):  "O____, M____ R____"
* block c (Signature):  the applicant signed, "M____ R____ O____"

* item 41 (Data Verification by Recruiter) –

* block a (Name):  an "X" indicating "Birth Certificate"
* block d (SSN):  an "X" with the entry "W-2 Form"

   b.  The header of pages 2 through 5 shows her SSN as "XXX-XX-9027;"

   c.  The applicant and recruiter placed their signatures on the document.

3.  	A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on
5 August 1986 for a period of 8 years and that she further enlisted in the Regular Army (RA) on 29 December 1986 for a period of 3 years.

   a.  It also shows in:

* item 1 (Name):  "O____, M____ R____"
* item 2 (SSN):  "XXX-XX-9027"

   b.  The applicant placed her signature on the document on 5 August 1986 and also on 29 December 1986.

4.  Documents in the applicant's military personnel record consistently show her name as "O____, M____ R____" and her SSN as ""XXX-XX-9027" throughout the period of her service.

5.  A DD Form 214 shows the applicant entered active duty this period on
29 December 1986.  She was discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 for the good of the service - in lieu of trial by court-martial with an under other than honorable conditions characterization of service.  It also shows in –

* item 1 (Name - Last, First, Middle):  "O____, M____ R____"
* item 3 (SSN):  "XXX-XX-9027"	

6.  A review of the applicant's military personnel record failed to reveal any evidence that a correction was made to the name or SSN recorded in her records.

7.  This review also failed to reveal any evidence that she applied to the Army Discharge Review Board for review of her discharge within its 15-year statute of limitations.

8.  On 21 March 2006, the applicant submitted an application to the ABCMR for an upgrade of her under other than honorable conditions discharge under the provisions of AR 635-200, chapter 10.  The application she submitted shows her name as "O____, M____ R" and her SSN as "XXX-XX-9027."

   a.  On 6 February 2007, in ABCMR Docket Number AR20060008901, the Board determined that the evidence presented did not demonstrate the existence of probable error or injustice.  Accordingly, the Board concluded that the overall merits of her case were insufficient as a basis for correction of her records.

   b.  On 8 February 2007, the ABCMR notified the applicant that her application was denied by the Board.  She was advised she could request reconsideration of the decision within one year only if she could present new evidence or argument that was not considered by the Board.

9.  A further review of the applicant's military personnel record fails to reveal any evidence that she requested reconsideration of the ABCMR's decision within one year of the Board's decision.

10.  The applicant provides no documentary evidence in support of her application to this Board.  In view of the foregoing, that portion of the applicant's request (i.e., for reconsideration) pertaining to upgrade of her discharge will not be discussed further in this Record of Proceedings.

11.  AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

   b.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   c.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for –

* item 1, enter name in all capital letters
* item 3, verify accuracy with the SSN of record

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the name and SSN recorded in her military service records should be corrected because the errors result in there being no record of her enlistment by her full name and correct SSN.  However, the applicant provides no documentary evidence in support of her contentions.

2.  The evidence of record shows that upon processing for entry into military service, the applicant's birth certificate and a W-2 Form were relied upon by the recruiter to verify the applicant's correct name and SSN, respectively.

   a.  The name and SSN that were provided were entered in her military service records.  The applicant and the recruiter verified/certified the name and SSN entries on both the occasion of her enlistment in the USAR and her enlistment in the RA.

   b.  In addition, the name and SSN she reported were consistently recorded in her military service records and on her DD Form 214.

3.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the evidence provided by the applicant relating to her name and SSN is insufficient to warrant changing her military records and separation document.

4.  Therefore, in view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140011346



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ABCMR Record of Proceedings (cont)                                         AR20140011346



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