RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003696


      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 military records be
corrected to reflect his middle name as E----d instead of U-----s.

2.  The applicant makes no statement in support of his request.

3.  The applicant provides a copy of an Ohio Department of Health,
Columbus, Ohio, Certificate of Live Birth that shows the applicant's middle
name as E-----d.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 2 August 1968, the date of his release from active duty.  The
application submitted in this case is dated 4 February 2005 and was
received on 9 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 12 August 1966, the applicant was inducted into the Army.  The DD
Form 47 (Record of Induction) records his middle name as U-----s.  A review
of all of the applicant's military records, including medical records, show
his middle name as U-----s.  Throughout his military service, the applicant
signed his name using U-----s as his middle name.

4.  On 2 August 1968, the applicant was released from active duty.  The
applicant's DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) with an effective date of 2 August 1968 reflects his
middle name as U-----s.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to
reflect his middle name as E----d instead of U-----s.

2.  It is understandable that the applicant wants to have the middle name
recorded in his military records changed to reflect his middle name that is
shown on his birth certificate.  However, there is no evidence that shows
the applicant ever used the middle name of E----d.  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.
There is no evidence showing the applicant made any concerted effort to
correct his middle name while he was on active duty.

3.  The Army has an interest in maintaining the accuracy of its records.
The data and information contained in those records should reflect the
conditions and circumstances that existed at the time the records were
created.  At the time of the creation of the applicant's military records,
the applicant was using, and signing with, a middle name of U-----s.  There
is no compelling reason for compromising the integrity of the Army’s
records.

4.  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 middle name, will be filed in his
Official Military Personnel File (OMPF).

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 1968, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 August 1971.  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                 |AR20050003696                           |
|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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