RECORD OF PROCEEDINGS


      IN THE CASE OF:
       AKA:

      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003112


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. 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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge), with an effective
date of 18 May 1963, be corrected to show his last name as P---e instead of
W-----y.

2.  The applicant also requests, in effect, that his DD Form 214 be
corrected to show his social security number (SSN) as ***-54-**** instead
of ***-38-****.

3.  The applicant states, in effect, that he enlisted in the Army without a
birth certificate and that he now has proof that his real last name is P---
e.  He further states that he has since changed his SSN to ***-54-**** and
now uses the last name of P---e.  The applicant states that the Department
of Veterans Affairs (DVA) Medical Center in West Virginia told him that his
DD Form 214 needs to reflect his "real and current name."

4.  The applicant provides a copy of his DD Form 214; an Ohio Department of
Health, Columbus, Ohio, Certificate of Live Birth that shows the
applicant's last name as P---e; his Social Security Card that shows SSN ***-
54-**** and the last name as P---e; an unreadable DVA Patient Data Card;
and a letter, dated
23 August 2005, from the Social Security Administration (SSA).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 May 1963, the date of his discharge.  The application
submitted in this case is dated 22 February 2005 and was received on 1
March 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 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.  On 3 April 1961, the applicant enlisted in the Army for a period of 3
years.  The DD Form 4 (Enlistment Record - Armed Forces of the United
States) records his last name as W-----y and his service number as RA 15
642 112.  A review of the applicant's military records, including medical
records, showed his last name

as W-----y.  Throughout his military service the applicant signed his name
using
W-----y as his last name.

4.  On 18 May 1963, the applicant was discharged.  The applicant's DD Form
214 reflects his last name as W-----y and Item 32 (Remarks) contained the
entry, "SSAN (social security account number): *** 38 ****.  These entries
were confirmed by the applicant's signature on the separation document.

5.  A letter, dated 23 August 2005, from the SSA confirmed that during the
applicant's period of military service the SSA's records show the
applicant's last name as W-----y and his SSN as ***-38-****.  The letter
stated that in June of 1969 the SSN ***-54-**** was issued to a Clyde P---
e.  The SSA further verified that Clyde W-----y and Clyde P---e is the same
person.

6. Army Regulation 600-2 (Name and Birth Data, Social Security Number, and
Temporary Identification Number), then in effect, prescribed the procedures
used for recording, issuing or changing of several items of personnel
information normally used as a means of personnel identification,
specifically the SSN.  This regulation specified that the transfer from the
use of a service number to the SSN was effective 1 July 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
his last name as P---e instead of W-----y and his SSN as ***-54-****
instead of ***-38-****.

2.  It is understandable that the applicant wants to have the last name
recorded in his military records changed to reflect his last name that is
shown on his birth certificate.  However, there is no evidence that shows
the applicant ever used the last name of P---e while in the military
service.  In addition, there is no evidence of record or independent
evidence that suggests the name recorded in his military records exhibits a
material error or injustice.

3.  The SSN was not used as a personnel identification number until 1969,
6 years after the applicant was discharged.  The applicant did not have his
SSN changed until 1979, 16 years after he was discharged.

4.  It is noted that the Army has an obligation, for historical purposes,
to maintain records as they were constituted at the time of creation.  The
fact that the applicant changed his SSN and began using the last name as
entered on his birth certificate 16 years after his military service ended
is insufficient to justify changing his military records, as they were
originally constituted.

5.  The ABCMR does not change military records solely for the purpose of
satisfying requirements of other Agencies.

6.  The Board wishes to advise the applicant that a copy of this decisional
document, along with his application and the supporting evidence he
provided, which confirms his correct last name, will be filed in his
Official Military Personnel File (OMPF).

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 May 1963, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 17 May 1966.  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

___jrs___  ____ena _  ____tap__  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.




                                  _________Thomas A. Pagan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003112                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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