RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:           20 September 2005                   
	DOCKET NUMBER:  AR20040001892


	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 Hise

Chairperson

Mr. Thomas O'Shaughnessy

Member

Mr. Patrick McGann

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 DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that his name is Thomas William not William Thomas.

3.  The applicant provides a birth registration card.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error which occurred on 30 May 1969.  The application submitted in this case is dated 26 January 2005.  

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 47 (Record of Induction) shows the first name William and middle name Thomas.  He was inducted on 9 October 1967, served as a radio operator, and was released from active duty on 30 May 1969.

4.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD Form 214 shows the first name William and middle name Thomas.  

5.  All of the applicant’s service personnel records, which includes his DD Form 398 (Statement of Personal History), show the first name William and middle name Thomas.

6.  The applicant provided a birth registration card, issued on 20 July 1999, which shows the first name Thomas and middle name William. 

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 registration card provided by the applicant shows the first name Thomas and middle name William, it appears the applicant was inducted and released from active duty under the first name William and middle name Thomas.  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 30 May 1969; therefore, the time for the applicant to file a request for correction of any error expired on 29 May 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

JH_____  TO_____  PM______  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
AR20050001892
SUFFIX

RECON

DATE BOARDED
20050920
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0100
2.

3.

4.

5.

6.