IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150017619 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: 4 October 2016 DOCKET NUMBER: AR20150017619 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: 4 October 2016 DOCKET NUMBER: AR20150017619 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 the entry in item 1 (LAST NAME – FIRST NAME – MIDDLE NAME) as "X_____ X____" instead of "X_____ X_______." He further requests any U.S. Army benefits to which he may be entitled. 2. The applicant states he entered the U.S. Army in 1977 with proof of his identity, his birth certificate and social security card. It frightens him to think of how the military reconstructed documents and changed his identity. He wants his true identity back and an explanation as to why the U.S. Army conspired against him by stealing his identity. He was forced to use another name since 1977 and the name on his social security card was illegally changed from "X_____ X____" to "X_____ X______." He further states he believes his life may be in danger. 3. The applicant provides: * DD Form 214 * Certificate of Live Birth * National Personnel Records Center letter, dated 2 July 2014 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 record contains an order from the United States District Court for the Eastern District of Illinois, dated 23 December 1976. This court order commands any United States Marshal or any other authorized officer to arrest "R_____ M_______" to answer to the charge that he violated the conditions of his probation imposed upon him by the United States District Court for the Eastern District of Illinois on 8 June 1976. 3. His record contains a DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated on or about 16 March 1977. This form shows the applicant underwent processing for enlistment into the U.S. Army Reserve under the name "X_____ X____." His recruiter verified the applicant's name with his birth certificate. 4. He enlisted in the Regular Army (RA) and entered active duty on 5 April 1977. 5. His records contain a DA Form 4187 (Personnel Action), dated 20 July 1977. This form lists the applicant's name as "X_____ X____" and shows, on 19 July 1977, while in training at Redstone Arsenal, AL, the 'applicant's duty status was changed from present for duty to confined by civil authorities. 6. On 20 July 1977, separation proceedings were initiated against the applicant in accordance with chapter 14, Army Regulation 635-200 (Personnel Separations - Enlisted Separations), for fraudulent entry. It had been determined that he fraudulently enlisted in the U.S. Army by concealing his true identity, "X_____X_______," and his record of civil conviction. 7. On 8 August 1977, the separation authority voided the enlistment contract of Private "X_____ X____," also known as Private "X____ X_______," and directed the issuance of separation orders as soon as possible. 8. The applicant's record contains a DD Form 214 which shows the applicant was released from Army control on 12 August 1977, in accordance with chapter 14, Army Regulation 635-200. Item 1 contains the entry "X_______ X_____." Item 27 (Remarks) contains the entry "Erroneously enlisted as X_____X____." 9. The applicant provides a copy of a Certificate of Live Birth from the Arkansas State Board of Health which shows the applicant was born "R_____ W____" on 18 September 1957. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states 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. 2. The ABCMR does not amend and/or correct military records solely to make an applicant eligible for employment, employment benefits, or Department of Veterans Affairs (VA) benefits. Questions pertaining to an applicant's eligibility for VA benefits should be addressed to the VA and are not within the purview of this Board. DISCUSSION: 1. The applicant contends, in effect, the ABCMR should correct his DD Form 214 to show the entry in item 1 as "R_____ W____" instead of "R_____ M_______." He further requests any benefits to which he may be entitled; however, questions pertaining to an applicant's eligibility for VA benefits are not within the purview of the Board. He should address these questions to the VA. 2. The applicant provides no evidence to support his claim that the U.S. Army conspired to steal his identity by forcing him to use another name since 1977. His claim that the name on his social security card was illegally changed from "X_____ X____" to "X_____ X_______" does not fall within the purview of the U.S. Army or this Board. The applicant may choose to take this issue up with the Social Security Administration. 3. Evidence contained in the applicant's official military personnel file clearly shows he knowingly and willingly concealed his true identity and conviction by a civilian court to fraudulently enlist in the RA under the name "X_____ X____" instead of "X_____ X_______." 4. His administrative separation and the completion of his DD Form 214 were accomplished in compliance with applicable regulations with no indication of procedural errors that would have jeopardized his rights. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017619 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017619 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2