RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 June 2005
      DOCKET NUMBER:  AR20040007432


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      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, in effect, that the last name recorded in his
military records be changed.

2.  The applicant states, in effect, that he used his mother’s married last
name when he entered the service.  He claims he did not know that this was
not his legal last name.  He states that he has worked for the United
States Post Office for 21 years under his real last name.  He states that
he wants to use his home loan benefits from the Department of Veterans
Affairs (VA), but his last names conflict.

3.  The applicant provides the following documents in support of his
application:  Birth Certificate, Social Security Account Number (SSAN)
Card, and Employee Statement of Benefits.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 October 1969.  The application submitted in this case
is dated
9 September 2004.

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 limitations 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’s record shows he enlisted in the Regular Army (RA) and
entered active duty on 28 October 1966.  The Enlistment Record (DD Form 4)
prepared on him during the enlistment process lists his last name as the
one he now claims is in error.  The applicant authenticated this document
with his signature using the last name he now contends is not his real last
name.

4.  The Enlistment Qualification Record (DA Form 20) that was prepared on
the applicant on 16 November 1966, upon his entry on active duty, lists the
last name he now claims is in error.  All documents and orders on file in
his Military Personnel Records Jacket (MPRJ) also list the last name he now
claims is in error.
5.  The DD Form 214 issued to the applicant on 29 October 1969, the date he
was separated from active duty, shows that he completed a total 3 years of
active military service.  Item 1 (Name) of this document listed the last
name he now claims is incorrect, which is consistent with the name recorded
in his enlistment contract, in his military records, and in all other
documents published on him throughout his active duty service.  The
applicant authenticated this document with his signature using the same
last name he now claims is incorrect.

6.  The applicant provides a birth certificate, employee benefit statement,
SSAN card and driver’s license that lists the last name he now claims is
correct.  He also provides a veterans’ benefits card that lists the last
name recorded in his military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to have the name recorded in his military
records changed to his birth name is understood.  However, there is no
evidence that suggests the name recorded in his military records exhibits a
material error or injustice.  Further, there is an insufficient evidentiary
basis to conclude that he has or would suffer an injury or injustice as a
result of the Army maintaining its records with the name under which he
served.

2.  The applicant enlisted, served, and was honorably separated from the
Army under the name shown in his military records.  The fact that he now
has personal reasons to change the name recorded in his military records to
his birth name is not sufficiently mitigating to warrant changing the name
recorded in his military records at this late date.

3.  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 applicant’s desire to have the records changed to
reflect his birth last name is understood, there appears to be no
compelling reason to compromise the integrity of the Army’s records to
satisfy this request.

4.  A copy of this decisional document, along with his application, which
confirms his birth name, will be filed in the applicant’s Official Military
Personnel File (OMPF).  This should serve to clarify any questions or
confusion regarding the different last names, and adequately document his
birth name in his record for the purpose of entitlement to veterans’
benefits.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1969.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 28 October 1972.  However, he failed to 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
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RJW _  ___KWL_  ___DRT_  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.




            ____Raymond J. Wagner____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007432                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/10/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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