RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060003388


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 name on his discharge
document be corrected.

2.  The applicant states, in effect, that his name is recorded as J___
A______ L_____ on his DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge); however, it should read J__ T___ L_____.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant's name and date of
birth be corrected on his discharge document.

2.  Counsel states, in effect, that the applicant wishes to have his name
and date of birth corrected.  Counsel also states that the applicant's
legal name is J__ T___ L_____ and that his date of birth is 30 March 1950.

3.  Counsel provides a copy of the applicant's DD Form 214; Social Security
Administration Form OA-702 (Social Security Card); and State of Nebraska,
Department of Health, Bureau of Vital Statistics, Certificate of Live
Birth, Birth Number 12650-007309, recorded 5 April 1950.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 January 1972; the date of his separation from active duty.
The application submitted in this case is dated 17 February 2006.

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.  The applicant's military service records show that he was inducted into
the Army of the United States on 11 February 1970 for 2 years.  Upon
completion of basic combat training and advanced individual training he was
awarded military occupational specialty (MOS) 71B (Clerk Typist).  On 11
January 1972, the applicant was honorably released from active duty and
transferred to the U. S. Army Reserve after serving a total of 1 year, 11
months, and 1 day of net active service.

4.  The applicant’s military service records contain a DD Form 47 (Record
of Induction), dated 11 February 1970.  This document shows, in pertinent
part, the applicant's name as J___ A______ L_____, his date of birth as 31
March 1950, and his Social Security Number as 5##-6#-9010.

5.  The applicant’s military service records contain a DD Form 369 (Police
Record Check), dated 11 February 1970.  This document shows, in pertinent
part, the applicant's name as J___ A______ L_____, his date of birth as
31 March 1950, his Social Security Number as 5##-6#-9010, and the document
was authenticated by the applicant's own hand.

6.  The applicant’s military service records contain a DD Form 398
(Statement of Personal History), dated 11 February 1970.  This document
shows, in pertinent part, the applicant's name as J___ A______ L_____, his
date of birth as
31 March 1950, and the document was authenticated by his own hand.

7.  The applicant’s military service records contain a DA Form 20 (Enlisted
Qualification Record).  This document shows, in pertinent part, the
applicant's name as J___ A______ L_____, his date of birth as 31 March
1950, his Social Security Number as 5##-6#-9010, and that the document was
authenticated by the applicant's own hand on 19 February 1970.  This
document also shows that it was audited by the applicant on 29 January
1971.

8.  The applicant’s military service records contain a DD Form 214, with an
effective date of 11 January 1972.  This document shows, in pertinent part,
the applicant's name as J___ A______ L_____, his date of birth as 31 March
1950, his Social Security Number as 5##-6#-9010, and that the document was
authenticated by the applicant's own hand on the date of his separation.

9.  The applicant provides his Social Security Card and Certificate of Live
Birth, which both show his name as J__ T___ L_____ and the Certificate of
Live Birth shows his date of birth as 30 March 1950.

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 applicant and his counsel contend that the applicant's name and
date of birth on his discharge document should be corrected because they do
not correspond with the name and date of birth that is recorded on the
applicant's Certificate of Live Birth and Social Security Card.

2.  The evidence of record shows that the applicant was inducted into the
Army, served, and was released from active duty under the name of J___
A______ L_____ and that his date of birth is consistently recorded in his
military service records as 31 March 1950.  In addition, the applicant’s
name and date of birth, as recorded in his official military service
records, were verified and authenticated by the applicant's own hand on
numerous occasions throughout his military service.

3.  Considering all the evidence and information presented by the applicant
and his counsel, together with the evidence of record, applicable law, and
regulations, it is concluded that the documents provided by the applicant
and his counsel are insufficient evidence to warrant a change to his
discharge document.  In order to justify correction of a military record
the applicant must show to the satisfaction of the Board, or it must
otherwise satisfactorily appear, that the record is in error or unjust.
However, the applicant has failed to submit evidence that would satisfy
this requirement.

4.  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.  The discovery concerning the
applicant's name and date of birth did not come about until after the
applicant was discharged from the Army.  Therefore, there is no basis for
granting his request to change his name or date of birth.  However, a copy
of the applicant's Certificate of Live Birth will be filed in his military
records.  It will then be used to verify his military service under another
name and date of birth, along with his original social security number.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 January 1975.  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

___CD___  ___JLP__  __RMN _  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.




                            _____Carmen Duncan_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003388                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720111                                |
|DISCHARGE AUTHORITY     |AR 635-200. Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |100.0200.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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