BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160000838 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 BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160000838 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. BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160000838 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 records to show his birth name and current social security number (SSN). 2. The applicant states: a. He served in the Army under an incorrect SSN because it was the SSN his parents led him to believe was correct. b. His mother later gave him another SSN which is the correct SSN. c. He is currently attending school and he is attempting to obtain his GI Bill benefits. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 August 1999 * Certificate of Live Birth, dated 14 January 2013 * State of Tennessee High School Diploma, dated 13 May 1996 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. On 23 May 1996, the applicant enlisted in the Regular Army under the last name M____ and SSN XXX-XX-xx49. 3. Every document in his official military file requiring the use of his last name and SSN shows the last name M____ and SSN XXX-XX-xx49. 4. The applicant was discharged on 5 August 1999 after completing 3 years, 2 months, and 13 days of net active service. His DD Form 214 shows his last name as M____ and his SSN as XXX-XX-xx49. 5. The applicant provides copies of his birth certificate showing his last name as J____ and his State of Tennessee High School Diploma showing the last name as M____. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 3 (SSN) stated to verify the accuracy with the SSN of record. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant enlisted in the Regular Army under the last name M____ and SSN XXX-XX-xx49. 2. The available evidence does not show he used the requested last name and SSN during his period of active service. 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. 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 record his birth name and current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 4. The applicant is advised that a copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion with regard to the difference in the last name and SSN recorded in his military records and the birth name and SSN he currently uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 Enclosure 2