IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230003429 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1989 to change: * Item 1 (Name (Last, First, Middle)) from " " to " " * Item 3 (Social Security Number (SSN)) from "" to "" * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * DD Form 214 for service ending 31 March 1989 * United States of America Passport * Commercial Driver License * Social Security Card * Birth Certificate * Department of Health and Human Service Vital Records Certificate of Death * Two military service photographs FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he requests the correction of item 1 and item 3 on his DD Form 214 to correct his record and receive credit for his honorable service. He enlisted in the U.S. Army using the alias name of "," his cousin. At the time he was homeless and his cousin suggested he should use his name in order to reenter in the U. S. Army. He served honorably during the period of 25 September 1981 through 31 March 1989 where he had various assignments including Germany and Korea. He was also an instructor at the Noncommissioned Officer (NCO) Academy during the period of September 1986 through March 1989. He did not attempt to correct his record until now because his cousin was concerned that he would get into trouble. Since his cousin is now deceased, he would like to have his record corrected. He requests his records to reflect his correct name and SSN of "" and "." 3. A review of the service record for "" shows: a. He enlisted in the Regular Army (RA) on 25 September 1981 with the identifying information of: * Name – "" * SSN – "" * Date of Birth – b. DA Form 2-1 (Personnel Qualification Record) shows the name of "" and SSN of "." c. DA Form 2A (Personnel Qualification Record) shows the name of "," SSN of "" and date of birth of. d. He reenlisted in the RA on 3 April 1984 with the identifying information of: * Name – "" * SSN – "" * Date of Birth – e. On 4 September 1986, Orders Number 247-12, issued by Headquarters (HQs), 2nd Infantry Division, shows "" with the SSN of "" was promoted to the rank/grade of staff sergeant (SSG)/E-6. f. DA Form 428 (Application for Identification Card) shows "" with the SSN of "" and date of birth of requested an identification card on. g. VA Form 29-8286 (Servicemen's Group Life Insurance Election) shows "" with the SSN of "" and date of birth of elected insurance coverage. h. DD From 93 (Record of Emergency Data) shows "" with the SSN of "" had an unknown father and his mother who was deceased was known as "." i. On 21 February 1989, Orders Number 034-302, issued by HQs, 101st Airborne Division (Air Assault) and Fort Campbell, shows "" with the SSN of "" was discharged from the RA on 31 March 1989. j. On 24 February 1989, Permanent Orders Number 037-252, issued by HQs, 101st Airborne Division (Air Assault) and Fort Campbell, shows "" with the SSN of "" was awarded the Army Commendation Medal. k. DA Form 664 (Service Member's Statement Concerning Compensation for the Veterans Administration) shows "" with the SSN of "" stated he had not filed an application for compensation. l. DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty) shows "" with the SSN of "" was physically qualified for separation or reenlistment without reexamination. m. DD Form 214 shows in item 1 "" with the SSN of "" and date of birth was honorably discharged from active duty on 31 March 1989. It also shows he completed 7-years, 6-months, and 6-days of active service. 4. The applicant provides: a. United States of America Passport issued on 4 October 2011 which shows the name of "" with the date of birth of with the place of birth of . b. Commercial Driver License issued on 5 February 2021 which shows the name of "" with the date of birth of. c. Social Security Card which shows the name of "" and the SSN of "." d. Birth Certificate witnessed on 6 April 1987 by the Register of Deeds which shows the name of "" with the date of birth of ", father and mother's maiden name . e. Department of Health and Human Service Vital Records Certificate of Death which shows "" with the date of birth and SSN of "" was deceased on. His father was and his mother was. f. Photograph of several male Soldiers in Class A uniforms, one of which bears the name plate of "." g. Photograph of November 1982 of 3rd Platoon, Bravo Company, 6th Battalion, Infantry Training Brigade. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board noted that the applicant has, in effect, admitted that he fraudulently identified himself as another individual to enlist in the Army. The Board further found that the name and SSN used throughout his service remained the same. The Board found insufficient evidence of mitigating circumstances that would be a basis for changing information on the DD Form 214 that was correct when the form was completed. The Board determined the evidence does not support the requested corrections. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ? 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. 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. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 635-8 (Personnel Separations – Separation Processing and Documents), prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. a. Paragraph 5-1 (When to prepare the DD Form 214), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. b. Paragraph 5-4 (Source documents), a. When separation is ordered, the separation approval documents must be present for transition processing to occur. Source documents must be present in a Soldier's record in order to complete the DD Form 214. If approval documentation is not present in a Soldier's record, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel, adjutant general, or chain of command) for proper source documents. b. Use the following documents when preparing a DD Form 214: * Servicemember's record brief (computer generated) * Separation approval documents, if applicable * Separation order * Any other document authorized for filing in the AMHRR c. Paragraph 5-6 (Rules for completing the DD Form 214), this paragraph provides detailed instructions for data required in each block of the DD Form 214. * Block 1: Name. Compare original enlistment contract or appointment order and review official record for possible name changes, if a name change has occurred list other names of record in block 18 * Block 3: Social Security Number. Verify accuracy by reviewing initial enlistment contract and/or application for appointment, if the Soldier has had more than one social security number, list the other social security number of record in block 18 * Block 5: Date of Birth. Verify data accuracy by reviewing original enlistment contract and/or application for appointment 4. AR 601-210 (Personnel Procurement – Regular Army Enlistment Program), in effect at the time, prescribes eligibility criteria governing enlistment into the Regular Army (RA) from civilian life of persons with or without prior service. b. Provides policies and procedures to process civilian applicants for RA enlistment. c. Provides policies and procedures to process civilian applicants with or without prior service into the delayed entry program (DEP). Table 4-1 (Recruiting Station Processing Phase) states authorized documents and procedures to verify eligibility for enlistment. The birth certificate must indicate city and state. Written statement from the State Registrar of Vital Statistics or similar officials, all documents submitted by the applicant must be originals or notarized copies. Preferred enlistment name; ordinarily, applicant will be enlisted in the name shown in a birth, baptismal, naturalization certificate, or court order authorizing name change. A person may enlist at his request in the name by which he is known, if the name was not assumed for fraudulent purposes (e.g., to conceal a criminal record, to evade capture by police authorities, or to obtain monetary gain). No person will be enlisted into the DEP or RA without a social security number(SSN). Each SSN number must be verified by an SSN card, driver's license, IRS W-2 Form, high school transcript, or other documents such as employment papers. The number and name on the documents used for verification must correspond to the enlistment name and SSN on DD Form 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003429 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1