RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 October 2005
      DOCKET NUMBER:  AR20050004422


      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. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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 middle name be changed and that the
suffix Junior (JR) to his last name be removed from his DD Form 214 (Report
of Transfer or Discharge).

2.  The applicant states his middle name is Roy not Dwayne.  He also
contends that the name shown on his DD Form 214 is not the same name as his
identification (Social Security card and birth certificate).

3.  The applicant provides a birth certificate and Social Security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 May 1973.  The application submitted in this case is dated
10 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 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.  On 26 May 1970, the applicant executed a USAREC Form 131-R (Applicant’s
Statement of Name Change) which indicates the middle name Roy was recorded
on his birth certificate with no suffix to his last name.  He also entered
the middle name Dwayne and the suffix JR in the section (Name Applicant Now
Uses) on this form.

4.  The applicant’s DD Form 4 (Enlistment Contract) shows the middle name
Dewayne and the suffix to his last name is “JR.”  He enlisted on 28 May
1970 for a period of 3 years.  He served as a wheel vehicle mechanic and
was released from active duty on 25 May 1973.

5.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 shows the middle name Dwayne and the suffix to his last name is
“JR.”

6.  All of the applicant’s service personnel records show the middle name
Dwayne and the suffix to his last name is “JR.”

7.  The applicant provided a birth certificate and Social Security card
which show the middle name Roy and no suffix to his last name.

8.  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.  The birth certificate and Social Security card provided by the
applicant are noted.  However, evidence of record shows the applicant
executed a statement of name change prior to his enlistment electing to use
the middle name Dwayne and the suffix JR to his last name instead of his
birth name as reflected on his birth certificate and Social Security card.
He appropriately served on and was released from active duty under the
middle name Dwayne and suffix JR to his last name.

2.  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.

3.  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
another record of his birth middle name will be on hand.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 23 May 1973; therefore, the time for the applicant
to file a request for correction of any error expired on 22 May 1976.  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

JS______  LS_____  _KL_____  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.




            _____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004422                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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