RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            JUNE 24, 2004
      DOCKET NUMBER:   AR2004099890


      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. Luis Almodova                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Hubert Fry                    |     |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, in effect, that his last name, on his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge, be
changed.

2.  The applicant states, in effect, that he wishes to retake his birth
name.

3.  To support his application, the applicant provides a copy of a
Certificate of Birth issued by the State Board of Health, Bureau of Vital
Statistics, Florida, dated 17 February 1994; a copy of a Texas Department
of Health, Bureau of Vital Statistics, Certificate of Birth, dated 5
September 1950; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 26
January 1963.  The application submitted in this case is dated 21 October
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 for 3 years on 27 January
1960.  He served honorably and was released from active duty in the rank
and pay grade, Private First Class, E-3, on 26 January 1963.  On the date
he was released from active duty, he had completed 3 years active military
service, with no lost time.

4.  The DD Form 4, Enlistment Record - United States Army, dated 27 January
1960, which was completed on his enlistment in the Regular Army, reflects
the name, "P----y, J--n J-----n."

5.  The DD Form 214, which was issued to the applicant at the expiration of
his enlistment contract and on his release from active duty, on 27 January
1960, reflects the last name, "P----y, J—n J-----n."  All documents on file
in the applicant's service personnel records, to include those documents,
which required his written signature, reflect the name "P----y, J—n J-----
n."

6.  All documents in his service personnel records indicate that his last
name was "P----y."  In each document which required a signature, the
applicant used "P----y" as his last name.

7.  The applicant served honorably and was released from active duty in the
rank and pay grade, Private First Class, E-3, on 26 January 1963.  On the
date he was released from active duty, he had completed 3 years active
military service.

8.  Item 1 (Last Name – First Name – Middle Name), of the DD Form 214,
which was issued to the applicant on his release from active duty, shows
his last name as "P----y."  The applicant used this same name in his
signature, in item 34 (Signature of Person being Transferred or
Discharged), of the DD Form 214.

9.  The birth certificate issued by the State Board of Health, Bureau of
Vital Statistics, Florida, dated 17 February 1994, and submitted by the
applicant, shows that he was named, "J—n J-----n H-----k IV" when he was
born and when his birth was registered.

10. The birth certificate, in effect, a record of adoption, which was
issued by the Texas Department of Health, Bureau of Vital Statistics,
Certificate of Birth, State of Texas dated 5 September 1950, shows that the
applicant's last name was changed to "J—n J-----n P----y" on 5 September
1950.

11.  Army Regulation 635-5 (Separation Documents) 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.  The evidence of record shows that the applicant was born with the last
named "H-----k."  He was adopted and was given the last name, "P----y."
The applicant used and served in the Army and used the last name "P----y
throughout his Army service.  The applicant was released from active duty
and his DD Form 214 shows the last name "P----y."

2.  There is no evidence that he attempted to change his name while he was
in the Army.  From the evidence in his service personnel record, the
applicant continued to use the name "P----y" throughout his military
service.

3.  The applicant's desire to have his Army records changed is
understandable, but there is an insufficient basis for compromising the
integrity of the Army's records.  The Army has an interest in maintaining
the accuracy of its records for historical purposes.  The data contained in
those records should reflect the conditions and circumstances that existed
at the time the records were created, and in the absence of a showing of
material error or injustice, there is little basis for recommending that
the records be changed.

4.  A copy of this Record of Proceedings will be filed in the applicant's
service personnel records so that an additional record of his birth name,
the name he wishes to have shown in his Army service records, will be on
hand.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 January 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 January 1966.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

jh______  hf______  sk______  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 Hise______
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004099890                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040624                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  2                   |100.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |