RECORD OF PROCEEDINGS

       
	IN THE CASE OF:	  
   

	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070006827 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show his correct name. 

2.  The applicant states that his name is incorrectly entered on his military records. 

3.  The applicant provides a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214), Honorable Discharge Certificate, Certificate of Baptism, notarized statement from his mother, social security card, driver's license, and a veterans universal access card.

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 16 May 1951 using a first name different from that which is shown on his baptism certificate.  He completed his initial training and was awarded a military occupational specialty of 1677 (Military Policeman).   

3.  While much of the applicant's military record was burned, there are a sufficient number of documents available showing that he used the same first name throughout his entire period of service and signed his DD Form 214 with this same first name.

4.   The notarized letter from the applicant's mother, states that the applicant had enlisted under his correct name [not the name he served under] and that the Army had requested a copy of his birth certificate and changed his first name.  His mother provided a copy of his baptism certificate and requested that he use his baptized name.  His mother further reported that the midwife had erred in registering the birth.  She also stated that after he enlisted, the State of Louisiana altered the applicant's birth certificate to agree with the name on the baptism certificate, but that the Army never changed their records to this name.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Army using a first name that was different from that shown on his baptism certificate.  He consistently used this name throughout his military service to include the signing of his DD Form 214.

2.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

3.  Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LMD__  __JCR  __  __AMC__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___   Ann M. Campbell____
          CHAIRPERSON


INDEX

CASE ID
AR20070006827
SUFFIX

RECON

DATE BOARDED
20071002
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0100
2.

3.

4.

5.

6.