IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015021 


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 the following:

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Item 1 (Last Name, First Name, Middle Name) - "CXXXXXXX" instead of "BXXXX"
* Item 3 (social security number (SSN) - "XX3-11-6XX5" instead of "XX5-62-9XX9"
* Item 9 (Date of Birth (DOB) - "X November 1947" instead of "X December 1946"

* issuance of a new document or DD Form 214

2.  The applicant states, in effect, when he enlisted in the military he used the last name of "BXXXX," because he and his brother were reared by the BXXXX family who had an agreement for them to be reared as such.  The information that he used at the time he served had been provided to him by the "BXXXX" family.  He became aware that this information was not correct when he attempted to secure his birth certificate.  His birth record indicates his legal last name is "CXXXXXXX."  He became aware of this information in 1976 and he was reissued SSN "XX3-11-6XX5" in the last name of "CXXXXXXX" in 1976.  His DOB and his brother's DOB were "reversed" and he is trying to correct what he knows now to be his legal identity.  His military records are the last documents that he needs corrected.
3.  The applicant provides copies of the following:

* DD Form 214
* birth certificate
* certificate of marriage
* social security card
* driver's license
* United States Passport

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States (AUS) on 14 April 1965.  His records contain the following:

   a.  DD Form 398 (Statement of Personal History), dated 14 April 1965, and a DA Form 41 (Record of Emergency Data), dated in April 1965, which both list his:

* last name as "BXXXX"
* SSN as "XX5-62-9XX9"
* DOB as "X December 1946"
* father's name as "SAYLOR EXXXXXX BXXXX"
* mother's name as "HXXXX VXXXXXXX SXXXXXXX BXXXX"

b. DD Form 47 (Record of Induction), dated 14 April 1965, which lists his:

* last name as "BXXXX"
* DOB as "X December 1946"



   c.  DA Form 20 (Enlisted Qualification Record), dated 19 April 1965, which lists his:

* last name as "BXXXX"
* SSN as "XX5-62-9XX9
* DOB as "X December 1946"

3.  A request for a hardship discharge, dated April 1967, which stated, in effect, his mother was previously married and divorced from his father and married a second husband, by the name of "Saylor E. BXXXX," who had since died.

4.  On 29 May 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 lists in:

* Item 1 - his last name as "BXXXX"
* Item 3 - his SSN as "XX5-62-9XX9"
* Item 9 - his DOB as "X December 1946"

5.  USAR Letter Orders, dated 24 July 1968, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO show he was honorably discharged from the USAR on this same date.  These orders list his:

* last name as "BXXXX"
* SSN as "XX5-62-9XX9"

6.  He provided copies of the following:

   a.  A Commonwealth of Virginia Birth Certificate, issued on 12 August 1976, which shows an individual with the same first and middle names as the applicant and the last name of "CXXXXXXX."  The DOB is listed as "X November 1947."  The birth certificate lists the individual's father's name as "Stanley A. CXXXXXXX" and his mother's name as "HXXXX VXXXXXXX SXXXXXXX."

   b.  A Certificate of Marriage, dated 17 May 1979, which lists his last name as "CXXXXXXX" and DOB as "X November 1947."

   c.  A social security card which shows his last name as "CXXXXXXX" and his SSN as "XX3-11-6XX5."

   d.  A driver's license which shows his last name as "CXXXXXXX" and DOB as "X November 1947."

   e.  A United States Passport which lists his last name as "CXXXXXXX" and DOB as "X November 1947."

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 established the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation also stated:

* Item 1 - would list the name in all capital letters and compare records for possible name change
* Item 3 - would list the SSN verified in the Soldier's record
* Item 9 - would list the DOB verified in the Soldier's record

8.  Army Regulation 635–8 (Personnel Separations – Separation Processing and Documents), currently in effect, states a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be prepared in response to a request for a Soldier or veteran to correct a previously issued Army DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With regard to item 1 of the applicant's DD Form 214:  

   a.  As indicated in his records, it appears his father's last name was "CXXXXXXX" and his step-father's last name was "BXXXX."  However, the evidence of record shows he served in the AUS and USAR under the last name of "BXXXX."

   b.  By his own admission, in 1976 he began using the last name of "CXXXXXXX" and was reissued an SSN.
   
   c.  There is no evidence of record and he did not provide sufficient evidence to show the last name listed on his DD Form 214 was not the name he claimed at that time he served.  Absent convincing independent and verifiable evidence to the contrary, it is presumed item 1 of his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.


2.  With regard to items 3 and 9 of his DD Form 214:

   a.  The evidence of record shows he served in the AUS and USAR using the SSN and DOB listed on his DD Form 214.  

   b.  Absent convincing independent and verifiable evidence to the contrary, it is presumed his SSN and DOB were correct at the time his DD Form 214 was prepared.  Therefore, there is an insufficient evidentiary basis to grant the requested relief.

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 (emphasis added).  In the absence showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record his current last name, SSN, and DOB in his record and on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this last date.

4.  A copy of this decisional document will be filed in his records to clarity the difference between the current last name, SSN, and DOB that he may be using and the last name, SSN, and DOB used during his period of service.

5.  With regard to issuance of a new DD Form 214 or, in effect, DD Form 215 (Correction to the DD Form 214), by regulation, since there is no error regarding the last name, SSN, or DOB listed on his DD Form 214 there is no reason to issue a correction document.  In view of the foregoing, he is not entitled to 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)                                         AR20140015021



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ABCMR Record of Proceedings (cont)                                         AR20140015021



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