RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 August 2005
      DOCKET NUMBER:  AR20040011698


      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. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 shown on each of
his separation documents (DD Form 214) be changed to show his correct last
name.

2.  The applicant states, in effect, that the military record contains an
incorrect last name, which was taken from a social security card with the
incorrect spelling of his last name and as a result, his last name is
incorrect on all of his
DD Forms 214.

3.  The applicant provides a copy of his birth certificate in support his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 August 1992.  The application submitted in this case is dated
8 December 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 military records show he enlisted in the Army and
entered active duty on 1 December 1975.  The enlistment contract for this
period of service was not included in the applicant's Military Personnel
Records Jacket (MPRJ).

4.  The Personnel Qualification Record (DA Form 2-1) prepared on him upon
his entry on active duty, and all orders and documents prepared on him
throughout his military service all contain the last name he now claims is
in error.  The applicant authenticated all records and documents on file in
MPRJ by signing the last name he now claims is incorrect.  No documents
prepared during his enlistment processing, or at anytime during his
military service list the last name he now claims is correct.

5.  On 30 November 1979, the applicant was honorably released from active
duty (REFRAD) and transferred to the United States Army Reserve (USAR)
Control Group.  At the time, he had completed a total of 4 years of active
military service. The separation document (DD Form 214) issued to him at
the time of his REFRAD lists the last name he now claims is incorrect.  The
applicant authenticated this separation document with his signature using
the last name he now claims is in error.

6.  On 2 June 1981, the applicant reenlisted and entered active duty for a
period of three years.  The Record of Military Processing - Armed Forces of
the United States (DD Form 1966) shows on page 8, Section X, Item 48, that
the applicant chose at that time to serve under the name he now claims is
incorrect.  It further shows he acknowledged the name he elected to serve
under was not the name shown on his birth certificate and that his name had
not been legally changed.

7.  The applicant continued to serve on active duty until he was honorably
discharged on 7 August 1992, having completed a total of 15 years, 2 months
and 6 days active federal service.  The DD Form 214 issued at that time
lists the last name he now claims is incorrect.  The applicant further
authenticated this document by signing the same last name that he now
claims is incorrect.

8.  The applicant provides a Certificate of Birth, dated 16 July 1945.  The
last name of the applicant shown on the birth certificate is illegible and
the spelling cannot be confirmed.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the active Army.  Chapter 2
contains guidance on the preparation and distribution of the DD Form 214.
Paragraph 2-4 contains item by item instructions for completion of the DD
Form 214.  It states, in pertinent part, that Item 1 will contain the name
taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the last name listed on his separation
document is incorrect and should be changed has been carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the last name shown on both of the
applicant's DD Forms 214 is identical to the name recorded on his Personnel
Qualification Record.  It also matches the last name entered in the
military records prepared on him upon his entry on active duty, and that is
displayed in orders and other documents prepared on him throughout his
active duty tenure.  Further, the applicant authenticated all documents and
records that required a signature by signing with the last name he now
claims is in error.

3.  The MPRJ also contains a DD Form 1966 prepared on the applicant at the
time of his reenlistment on active duty on 2 June 1981.  This document
confirms he elected to serve under the name currently shown throughout his
military record and on his separation documents, and not the name he now
claims is correct.  As a result, there is no error in the last name shown
on the applicant's separation documents nor throughout his military
records.

4.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The information contained therein should reflect
the conditions and circumstances that existed at the time the records were
created and under which the military service was performed.  Therefore, the
Board concludes the name listed in the applicant’s military records should
not be changed at this time.

5.  Records show the applicant should have discovered the alleged error or
injustice on 7 August 1992, the date of his final separation.  Thus, the
time for him to file a request for correction of any error or injustice
expired on 6 August 1995.  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 his
failure to file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS__  ___DJ __  ___MJF _  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.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011698                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/08/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Enl Voluntary Early Transition Program  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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