RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 July 2005
      DOCKET NUMBER:  AR20040009883


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Joe Schroeder                 |     |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 that his first and middle names be changed on
his military records.

2.  The applicant states that the first and middle names on his birth
record should replace the names used at the time of his enlistment.

3.  The applicant provides a copy of a birth certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 August 1969.  The application submitted in this case is dated 3 November
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 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’s DD Form 4 (Enlistment Contract – Armed Forces of the
United States) shows the first and middle names Maurice Robert.  He
enlisted on
24 June 1969 for a period of 3 years.  On 5 August 1969, the applicant was
honorably discharged for failure to meet medical fitness standards.

4.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 (Report of Transfer or Discharge) shows the first and middle names
Maurice Robert.

5.  The applicant’s service personnel records show the first and middle
names Maurice Robert.

6.  In support of his claim, the applicant provided a copy of a birth
certificate which shows the first and middle names Marvin Ramond.

7.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier's most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  Although the birth certificate provided by the applicant shows the
first and middle names Marvin Ramond, it appears the applicant
appropriately served on and was released from active duty under the first
and middle names Maurice Robert.  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.  This Board action will
be filed in his military records so a record of his birth first and middle
names will be on hand.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 5 August 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 4 August 1972.
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

JA______  KW_____  JS_____  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.




            ___James Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009883                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050714                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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