IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017345
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 in:
* Item 1 (Name (Last, First, Middle)) his middle name as "Lemon" instead of "Lamon"
* Item 3 (Social Security Number (SSN)) to show his SSN as "xxx-xx-xx66" instead of "xxx-xx-xx18"
2. The applicant states his SSN is incorrect and his middle name is misspelled.
3. The applicant provides his DD Form 214 and a social security card.
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's records show he enlisted in the Regular Army on 3 January 1986. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his middle name as "Lamon" and his SSN as "xxx-xx-xx18."
3. He authenticated his enlistment contract and all allied documents with his signature using the middle name "Lamon."
4. His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) which were created upon his entry on active duty listed his middle name as "Lamon" and his SSN as "xxx-xx-xx18." He authenticated his DA Form 2-1 with his signature on 8 January 1986.
5. He reenlisted in the Regular Army on 14 December 1988. His DD Form 4 listed his middle name as "Lamon" and his SSN as "xxx-xx-xx18." He authenticated his reenlistment contract and all allied documents with his signature using the middle name "Lamon."
6. On 18 September 1991, he was discharged after having completed 5 years, 8 months, and 16 days of active service. His discharge orders show his middle name as "Lamon" and his SSN as "xxx-xx-xx18." His DD Form 214 shows in:
* Item 1, middle name as "Lamon"
* Item 3, his SSN as "xxx-xx-xx18"
7. He provides a social security with the middle name "Lemon" and an assigned SSN of "xxx-xx-xx66."
8. Army Regulation 635-5 (Separation Documents) prescribes 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 the 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. The available evidence shows the applicant used the middle name "Lamon" and the SSN "xxx-xx-xx18" upon enlistment and reenlistment in the Regular Army. He consistently used this middle name and SSN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, using this middle name and indicating the information contained therein was correct. He did not use SSN "xxx-xx-xx66" and he did not use the middle name "Lemon" at any point during his military service.
2. 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 understood that the applicant desires to now record different middle name and/or a different SSN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document which confirms the requested middle name and SSN will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current middle name and SSN documented in his military records.
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) AR20140017345
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ABCMR Record of Proceedings (cont) AR20140017345
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