IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120007524 


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 the Armed Forces of the United States) to show:

* his last name as "Colianne"
* his date of birth (DOB) as 23 November 1931

2.  The applicant states he enlisted in 1948 with a phony birth certificate.

3.  The applicant provides:

* DD Form 214
* State driver's license
* birth registration

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 complete 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty at Fort Sheridan, IL, on 10 January 1948.  A copy of his enlistment record is not available for review with this case.

4.  The applicant's DD Form 214 also shows at the time of his separation he held military occupational specialty 0590 (Radio Controlled Target Airplane Officer) and his most significant assignment was with the 5th Army Signal Repair Shop.

5.  He completed 1 year, 10 months, and 28 days of creditable active service.  He was released from active duty on 24 January 1950.  His DD Form 214 shows in:

* item 1 (Last Name – First Name – Middle Name) – his last name as "Colianni"
* item 10 (DOB) – "23 NOV 30 (23 November 1930)"

6.  He submitted a copy of a State driver's license and a birth certificate that both show his last name as "Colianne" and his DOB as 23 November 1931.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment record is not available for review with this case.  It is unclear what last name or DOB he used upon entering active duty.  However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Colianne" and his DOB as "23 November 1930."  In the absence of his military records or at least his enlistment document, it is presumed that the DOB shown on his DD Form 214 is correct.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his last name or DOB.

3.  Nevertheless, a copy of this decisional document will be filed in his service record to provide clarity and to deal with any confusion that might arise regarding the different spelling of the last name and DOB he claims are correct.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the last name and DOB under which he served.

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)                                         AR20120007524



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ABCMR Record of Proceedings (cont)                                         AR20120007524



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