IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170003637 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: 29 August 2018 DOCKET NUMBER: AR20170003637 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: 29 August 2018 DOCKET NUMBER: AR20170003637 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 DD Form 214 (Report of Separation from Active Duty) to show: a. his social security number (SSN) as and b. his name as E____ F____. 2. The applicant states his mother remarried a man named B____ F____ and his last name changed due to his mother's remarriage. He indicates he is having difficulty using his Department of Veterans Affairs educational benefits because of the change in his name. 3. The applicant provides: * DD Form 214 * letter from the Social Security Administration, dated 6 July 2012 * Social Security Administration printout, dated 6 July 2012 * two letters from the National Personnel Records Center, dated 24 July 2012 and 5 December 2016 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 enlisted in the Regular Army on 10 October 1978. a. His DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 10 October 1978, shows his name as E____ F. D____ and his SSN as . b. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows his name as E____ F. D____ and his SSN as . 3. His DA Form 2-1 (Personnel Qualification Record) shows his name as E____ F. D____ and his SSN as . 4. He was discharged under honorable conditions effective 20 August 1979. His DD Form 214 shows his name as E____ F. D____ and his SSN as . 5. There are no documents in his records showing his name as E____ F____ or his SSN as . 6. He provided a letter from the Social Security Administration, dated 6 July 2012, stating, "Mr. E____ F____ D____ used the name of E____ F. F____ back in 1973, but his name and social security number [have] been corrected since then to E____ F. D____ SSN ." REFERENCES: 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 general instructions stated to ensure that all information entered on the DD Form 214 is accurate. a. The specific instructions for item 1 stated to enter the name in all capital letters. Include "JR," "SR," or "II" when needed. b. The specific instructions for item 3 stated to verify the accuracy with the SSN of record. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his SSN as instead of . 2. His records show SSN was used consistently throughout his military service. The SSN does not appear on any of the documents in his records. 3. He further requests correction of his DD Form 214 to show his name as E____ F. F____ instead of E____ F. D____. The name E____ F. F____ does not appear on any of the documents in his records. 4. It is presumed the applicant's military service records, including his DD Form 214, were correct at the time of preparation. 5. 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. 6. While it is understandable that the applicant desires to record the name and SSN he now uses, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name and SSN recorded in his military records and the name and SSN he now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003637 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003637 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2