IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011240 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: 23 June 2016 DOCKET NUMBER: AR20150011240 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: 23 June 2016 DOCKET NUMBER: AR20150011240 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 military records to include his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by changing his name from what is shown on his DD Form 214 to the name shown on his birth certificate. He further requests these same military records be corrected by changing his social security number to what is shown on his Social Security Card. 2. The applicant states he needs these changes made so as to obtain benefits. 3. The applicant provides copies of: * A DD Form 214, effective 11 February 1969 * Social Security Card, issued date unavailable * Certificate of Birth, State of Illinois, issued 9 August 2011 * United States Passport, issued 17 August 2011 * State of Georgia Identification Card, issued 3 March 2012 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 11 December 1967, the applicant enlisted for a 2 year period of active duty service using a name and SSN he now wants to change. His DD Form 214 shows he was discharged on 11 February 1969 due to unsuitability. He completed 10 months and 3 days of creditable active duty service. 3. Without exception, all of the applicant’s active duty military records show he used the same name and SSN throughout his service. 4. The documents now provided by the applicant show a name and SSN different from what he used while a member of the military. REFERENCES: Army Regulation 635-5 (Separation Documents), as then in effect, required the Soldier’s full name and SSN to be entered in Items 1 and 3 respectively of the DD Form 214. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his current name and SSN as indicated on his birth certificate and Social Security Card. 2. The evidence of record clearly shows the applicant served in the Regular Army using a name and SSN different from what he now claims to be correct. The applicant consistently used the same name and SSN listed on his DD Form 214 during his entire period of active duty service. 3. 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. 4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding his SSN, and satisfy his desire to have his current SSN documented in his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011240 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011240 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2