BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018436 


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 the spelling of his last name on his discharge certificate and his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Babers instead of Bables.

2.  The applicant states his last name is misspelled on both documents.

3.  The applicant provides copies of his:

* discharge certificate
* DD Form 214
* birth certificate
* social security 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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  The only records available to this Board were the documents provided by the applicant.

3.  The applicant was inducted into the Army of the United States and he entered active duty on 27 October 1950.  His induction documents are not available for review.

4.  On 4 December 1950, the applicant was discharged by reason of a disability that existed prior to entry on active service and not aggravated by military service.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name as Bables.  His Honorable Discharge Certificate shows his last name as Bables.

5.  The social security card submitted by the applicant shows his last name as Babers.

6.  The birth certificate from the Mississippi State Department of Health shows the last name of the child as Babers.  The last name of the child's father is also spelled as Babers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's induction documents are not available for review.  These documents would show the spelling of his last name that he used at the time of his induction.  The lack of these official documents prevents the comparison of the name he was inducted under and the name shown on his DD Form 214 and discharge certificate.  Therefore, there is insufficient substantive evidence to show whether or not an error was made on his DD Form 214 and discharge certificate.

2.  In view of the foregoing, his request should be denied.

BOARD VOTE:

________  ________  ________  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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20100018436



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ABCMR Record of Proceedings (cont)                                         AR20100018436



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