| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to show his first name as “Earnest” instead of “Ernest”. The applicant states that the correct spelling of his first name will be crucial when he becomes eligible for social security. In support of his request he submits a copy of his birth certificate.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 1 December 1966 for a period of 3 years. At the time of his enlistment he enlisted under the first name of “Ernest.”
The applicant continued to serve until he was honorably discharged on
13 November 1969. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was separated under the first name of “Ernest.”
Although the applicant submits documentation that he was in fact born with the first name of “Earnest”, the evidence of record clearly shows that he served under the first name of “Ernest" and consistently signed his name as such.
The applicant served on and was discharged under the name provided upon his entry on active duty
For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records actually reflect the conditions and circumstances that existed at the time the records were created. While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 13 November 1969, the date of the applicant’s discharge. The time for the applicant to file a request for correction of any error or injustice expired on 13 November 1972.
The application is dated 15 April 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__LLS __ __MHM _ __JTM __ CONCUR WITH DETERMINATION
| CASE ID | AR2001056565 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010906 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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