RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          24 August 2004
      DOCKET NUMBER:  AR2004100596


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 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 went into the Army using an
adopted name because he was orphaned and was adopted by his uncle.  After
the Army, he changed his name to his real name.  Six years ago, he became
ill and needed to use medical benefits and had to use the name he used
while in the Army.

3.  To support his application, the applicant provides a copy of his DD
Form 214, a copy of a Standard Certificate of Live Birth, issued by the
Division of Vital Statistics, State Board of Health, State of South
Carolina, dated 15 August 1952; and a copy of his current Social Security
Administration Account Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 26
October 1973.  The application submitted in this case is dated 11 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 8 July 1970.

4.  The DD Form 4, Enlistment Contract – Armed Forces of the United States,
which was completed on his enlistment reflects the last name, "C------r."

5.  The DD Form 214, which was issued to the applicant when he was
discharged from the Army, on 26 October 1973, reflects the last name, "C----
--r."  All documents on file in the applicant's service personnel records,
to include those documents which required his written signature, reflect
the name "C------r."
6.  The birth certificate issued by the Division of Vital Statistics, State
Board of Health, State of South Carolina, dated 15 August 1952, and
submitted by the applicant, shows the last name given him at birth was, "B--
-r."

7.  The Social Security Account Card that the applicant submitted with his
application shows the name, "B---r."

8.  The applicant did not submit a copy of an adoption record to support
his allegation that he was adopted and had his last name changed before he
entered the Army.  The applicant also did not submit any documentation to
support his allegation that he changed his name back to his original birth
name after he was separated from the Army.

9.  A DD Form 373, Consent, Declaration of Parent or Legal Guardian, is in
the applicant's service personnel records.  This form shows that he was
given consent to enlist in the Army by the individual who had been given, "
full care, control, and custody of the applicant on 10 August 1965, through
adoption."  This applicant's last name was the same as the applicant's last
name on his entry into the Army, "C------r."

10.  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 "B---r."  He was presumed to have been adopted and was given the last
name, "C------r."  The applicant used and served in the Army and used the
last name
"C------r" throughout his Army service.  The applicant was released from
active duty and his DD Form 214 shows the last name, "C------r."

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, "C------r" throughout his military
service.

3.  It is presumed that the Social Security Account Card that the applicant
submitted to support his application to this Board was prepared after he
was separated from the Army.

4.  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.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 October 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 October 1976.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __mhm___  __phm___  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.



                                  Margaret K. Patterson
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100596                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040824                                |
|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.                      |                                        |



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