MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2001064061

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that the military record of H----- M------ 
R------- be corrected to show his true name as C------ J---- R------, and his true 
Social Security Number (SSN) as-.

APPLICANT STATES:  In effect, that his problem started when he and his brother enlisted in the Army under the buddy program.  He states that he was accepted into the Army.  However, his brother was rejected.  His brother’s name and SSN were used as his identification instead of his own.  He is unable to use his own SSN and it is affecting his family.  He cannot use the GI Bill to purchase a home or to obtain Social Security benefits because his military record is in his brother’s name and SSN.  The Veterans Administration will help him if he is able to secure a name and SSN change.

EVIDENCE OF RECORD:  The applicant's military records show:

On 2 November 1972, the applicant enlisted in the Regular Army at Fort Ord, California for 4 years.  He enlisted under the name H----- M------ R------- and SSN .  While receiving his initial training at Fort Ord the record shows that the applicant reported to sick call on 12 December 1972.  He claimed that he injured his back by falling off a horizontal ladder during a company party.  The record also shows that the applicant was granted 19 days Christmas leave on 
20 December 1972.  The applicant’s leave was extended for 10 days.  On 
16 January 1973, he returned from leave status and on 18 January 1973, he reported to sick call and was admitted to the hospital.  He was discharged from the hospital on 16 February 1973.  On 2 March 1973, the applicant was transferred to the Medical Holding Company at Fort Ord, California.

On 5 March 1973, the applicant departed on a permanent change of station to a unit at Fort Bragg, North Carolina.  On 10 March 1973, the applicant was assigned to the Medical Holding Company at Womack Army Community Hospital (WACH) located at Fort Bragg, North Carolina.

While assigned to the Medical Holding Company the applicant was processed for a physical disability under the name H----- M------ R------ and SSN .  The applicant’s medical processing apparently related to the injury at Fort Ord.  However, his medical record is unavailable.

After his arrival at Fort Bragg, an individual using the name H----- M------ R------
was processed for a physical disability.  Because the individual claimed to have injured his back while in training at Fort Ord, a Line of Duty Investigation was conducted by Fort Ord.  The investigating officer found no medical records substantiating an injury to H------ M------ R------ during training.

The records contain repeated references to concerns expressed by medical personnel that they were not examining the right individual.  For example, a notation on an undated TDRL Summary Sheet prepared by Ms. J-----, an analyst, indicates that WACH refused to perform TDRL examinations on the applicant because they suspected that it was his brother, not the applicant, who was presented to the facility for examinations.  

On 1 March 1974, having been found unfit for duty by a Physical Evaluation Board, the applicant elected to be placed in an awaiting orders status pending final orders and disposition in connection with his physical evaluation board proceeding.

On 13 May 1974, the applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) by letter orders number D 4-497 dated
29 April 1974.  He was placed on the TDRL under the same name and under the same SSN that he used at the time of his enlistment.

On 11 December 1974, the Veterans Administration Regional Office located at Winston-Salem, North Carolina, requested the United States Army Military Personnel Center, Alexandria, Virginia, to verify the validity of the applicant’s enlistment and TDRL status. 

Disposition Form (DA Form 2496) dated 15 August 1975, from the U. S. Army Military Personnel Center to the Office of the Staff Judge Advocate indicated that the applicant’s enlistment under the alias of his brother’s name and SSN was determined to be fraudulent by the Federal Bureau of Investigation.  On 
17 September 1975, the Office of the Judge Advocate General responded by determining that the applicant’s fraudulent enlistment was not sufficient grounds to revoke the orders placing him on the TDRL.

The military record shows that the applicant was removed from the TDRL on 
1 May 1979, and permanently retired under the name H------ M------ R------ and SSN .

On 9 September 1998, the Army Board for Correction of Military Records (ABCMR) administratively denied the applicant’s request for a name change.  

Army Regulation 635-5 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.  In pertinent part it states that 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 of discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant requests that the Board correct the records of H------ M------ 
R-------, to show that his true name should be C----- J---- R------- and his true SSN should be .  If the applicant’s assertions are accepted as true, his enlistment in the Army was accomplished by fraud.  Further, there are indications that the applicant may have perpetuated other frauds.  Corrective actions in this case are likely to perpetuate a fraud on the Government extending, rather than mitigating, an injustice.  This Board will not grant the applicant’s requests.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __RTD__  __KWL__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001064061	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.0900	
3.		
4.		
5.		
6.