IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015543 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015543 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015543 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "-0X-X5XX" and his last name as "," per his birth certificate. 2. The applicant states his discharge document is incorrect and the information on his DD Form 214 needs to be corrected per his birth certificate. 3. The applicant provides copies of his DD Form 214 and his State of California Certificate of Live Birth. 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 military records are not available for review. The Board requested a copy of his records from the National Personnel Records Center in St. Louis, Missouri; however, none were located. However, the DD Form 214 he provides is sufficient for the Board to conduct a fair and impartial review of his case. 3. The applicant's DD Form 214 shows he entered active duty training, as a member of the Army National Guard (ARNG), on 15 February 1974. He was honorably released from active duty on 31 March 1974 back to the control of the ARNG. His DD Form 214 further shows in: * Item 1 (Last Name, First Name, Middle Name), his name as "Robinson A__" * Item 3 (SSN), his SSN as "-XX-XXXX" 4. He provides a copy of a State of California Certificate of Live Birth that shows a child's name of "A__ "; however, it does not show a SSN. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his last name as it appears on the birth certificate he provides, and a different SSN. a. The provided birth certificate does not establish a link to the applicant's DD Form 214. Aside from the first name and city and state of residence cited on both documents, there is no information, such as a date of birth or SSN, that could establish that the two documents belong to the same individual. b. The requested SSN does not appear on the provided birth certificate and the applicant does not provide a social security card or other verification document from the Social Security Administration that establishes that the SSN shown on his DD Form 214 is incorrect. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015543 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2