IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020303 


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 records to show his name as R____ A____ D____ instead of R____ D____ W____.

2.  The applicant states he entered the Army using his baptism paper.  He states his birth certificate was then found showing his name as R____ A____ D____.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), a birth certificate, and a baptism certificate.

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 show he enlisted in the Regular Army on 7 September 1972.  He completed initial entry training, he was awarded the military occupational specialty of medical specialist, and he was promoted to pay grade E-5.

3.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and other documents throughout his official military records show his name as R____ D____ W____.

4.  His records contain two DD Forms 214, both of which show his name as R____ D____ W____.

5.  The Church of St. Joseph Parish Holy Sacrament of Baptism Certificate he provided indicates he was baptized on 31 May 1958 and it shows his name as R____ D____ W____.

6.  The Missouri Bureau of Vital Records Birth Certification he provided shows a name of R____ A____ D____.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have his records corrected is understood; however, he has established no basis for compromising the integrity of the Army's records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

2.  While the applicant provides a birth certification which shows his name as R____ A____ D____, he twice enlisted, served, and was honorably released from active duty under the name shown in his military records.  There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.  Therefore, the birth certificate he provided more than 25 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records, to include his DD Form 214.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his correct name documented.

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 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)                                         AR20100020303



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ABCMR Record of Proceedings (cont)                                         AR20100020303



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