RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20040009060


      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. W. W, Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 surname on his military
personnel records be changed.

2.  The applicant states, in effect, that he entered the Army using his
father's surname because he did not know that his birth certificate had his
surname matching his mother's.  He did not know that his parents were not
married at the time he was born.  He did not understand the problems he
would have trying to get his benefits.

3.  The applicant provides copies of a State of Texas birth certificate
number 222306 and his DD Form 214 (Report of Separation from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 13 November 1974.  The application submitted in this case is
dated 4 October 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 individual served on active duty from 1 September 1972 to 13
November 1974.  He was separated with an honorable characterization of
service and transferred to the USAR Control Group (Annual Training)

4.  The personnel records contain a DA Form 3284-8 (Applicant's Statement
of Name Change).  It indicates that, in 1966, he assumed the name he served
under. The form lists his birth name as the same as is on the birth
certificate he now submits.

5.  The surname he served under matches the name he provided as his
father's at the time of his induction.  His birth name, as listed on the DA
Form 3284-8 matches the name listed in his induction records and on the
currently submitted birth certificate as his mother's name.

6.  The file number of the birth certificate cited in the DA Form 3284-R
also matches that of the currently submitted birth certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, who now uses the name on the birth certificate, is
apparently the same person as the one who served on active duty under
another name.  However, the record shows that, contrary to what he now
claims, he knowingly entered the service under that assumed.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.  In the absence of a showing
of material error or injustice, this Board is reluctant to recommend that
those records be changed.

3.  The applicant may indeed encounter identity problems when dealing with
governmental agencies, but those problems do not constitute a valid reason
to change historical records.

4.  This decisional document and a copy of the DA Form 3284-R, which will
be provided for his convenience, should help him overcome the identity
problems.

5..  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 November 1977.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JRM__  __WDP_  __ELD___  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.




                                  _            William D. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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