RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 March 2004
      DOCKET NUMBER:   AR2003089045


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Edmund P. Mercanti            |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 that his military records be corrected to show
that his last name is Bundage instead of Boudwin.

2.  The applicant states that he had always used his step-father’s last
name when he was a child.  It wasn’t until after he was discharged that he
discovered that his name was never legally changed to his step-father’s
name.

3.  The applicant provides his current driver license, his Social Security
Administration card and his birth certificate, all of which show his last
name as Bundage.  On his birth certificate, his father’s name is listed as
Arthur James Bundage, and his mother’s name is listed as Seawillow Adean
Clifton.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error which occurred on 10
July 1985.  The application submitted in this case is dated 23 March 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 8 December 1982 using the
last name Boudwin.  He was awarded the military occupational specialty of
wire systems installer and was promoted to pay grade E-3.

4.  On 6 December 1984, the applicant completed a DD Form 93, Record of
Emergency Data, which shows his father’s name as Arthur J. Bundage, his
mother’s maiden name as Seawillow A. Clifton, and both the applicant’s
wife’s and brother’s last name as Boudwin.

5.  On 10 July 1985, the applicant was issued a General Discharge
Certificate.

DISCUSSION AND CONCLUSIONS:

1.  It is evident from the documents submitted by the applicant that his
last name was Bundage when he enlisted.

2.  It is understandable that the applicant wants to have the name recorded
in his military records changed to his real name.  However, there is no
evidence of record or independent evidence that suggests the name recorded
in his military records exhibits a material error or injustice.

3.  Further, the Board finds an insufficient evidentiary basis to conclude
that the applicant has or would suffer an injury or injustice as a result
of the Army maintaining its records with the name under which he served.

4. The applicant enlisted, served, and was honorably separated from the
Army under the name shown in his military records.  The fact that he
discovered that his name was not that under which he enlisted and served
subsequent to his separation is not sufficiently mitigating to warrant
changing the name recorded in his military records.  In view of the
foregoing, there is no basis for granting the applicant's request.

5.  The Army has an interest in maintaining the accuracy of its records.
The data and information contained in those records should 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 compelling reason for compromising the
integrity of the Army’s records.

6.  In addition, the correction of the applicant’s military records to
reflect another name would be extremely time consuming (every order and
every entry on unit records), if possible at all.

7.  The Board wishes to advise the applicant that a copy of this decisional
document, along with his application and the supporting evidence he
provided, which confirms his real name, will be filed in his Official
Military Personnel File (OMPF).  This should serve to clarify any questions
or confusion in regard to the difference in his current name and the name
recorded in his military record and satisfy his desire to have his legal
name change documented in his record.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 July 1988.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm __  __hof ___  ____rtd__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _________Mark D. Manning__________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2003089045                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2000316                                 |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |