RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060005061


      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:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 the name on all of his military
service records be corrected.

2.  The applicant states, in effect, that his name is recorded in his
military service records as J____ S_____ G_______; however, it should read
J____ G_______.

3.  The applicant provides a copy of a Texas Department of Health, Bureau
of Vital Statistics, Standard Certificate of Birth, certified on 1 May
1992, and
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge), with an effective date of 28 April 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 April 1968, the date of his separation from active duty.
The application submitted in this case is dated 22 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 U.S. Army on 18 May 1966 for a period of 2 years.  Upon completion of
basic combat training and advanced individual training, the applicant was
awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).
On 28 April 1968, 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 11 days of net active service.

4.  The applicant’s military service records contain a DD Form 47 (Record
of Induction), dated 18 May 1966.  This document shows, in pertinent part,
the applicant's name as J____ S_____ G_______ and his date of birth as
26 December 1945.

5.  The applicant’s military service records contain a Form 20
(Acknowledgment of Service Obligation), dated 18 May 1966.  This document
shows, in pertinent part, the applicant's name as J____ S_____ G_______
and the document was authenticated by the applicant's own hand with the
signature J____ S_____ G_______.

6.  The applicant’s military service records contain a DD Form 398
(Statement of Personal History), dated 21 May 1966.  This document shows,
in pertinent part, the applicant's name as J____ S_____ G_______ , his date
of birth as
26 December 1945, and the document was authenticated by the applicant's own
hand with the signature J____ S_____ G_______.

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____ S. G_______, his date of birth as 26 December
1945, and that the document was authenticated by the applicant's own hand
on 3 November 1966.  This document also shows that it was audited by the
applicant on 25 April 1968.

8.  The applicant’s military service records contain a DD Form 214, with an
effective date of 28 April 1968.  This document shows, in pertinent part,
the applicant's name as JESSE S_____ G_______, his date of birth as 26
December 1945, and that the document was authenticated by the applicant's
own hand with the signature J____ S. G_______, on the date of his
separation.

9.  In support of his application, the applicant provides his DD Form 214
and Texas Department of Health, Bureau of Vital Statistics, Standard
Certificate of Birth, certified on 1 May 1992.  The Standard Certificate of
Birth shows, in pertinent part, in Item 2 (Full Name of Child) the entry
"JESUS G_______" and Item 7 (Date of Birth) contains the entry "DECEMBER
26, 1945."

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 contends, in effect, that the middle name and middle
initial that is shown on his military service records should be removed
because he believes it was recorded in his records based on a clerical
error.  The applicant also contends, in effect, that he is experiencing
problems with the Division of Motor Vehicles, Social Security
Administration, and other agencies due to the middle name/initial that
appears on his military service records.

2.  The evidence of record shows that the applicant was inducted into the
Army, served for nearly 2 years, was released from active duty under the
name of J____ S_____ G_______,  and that his name is consistently recorded
in his military service records as J____ S_____ G_______.  In addition, the
applicant’s name, as recorded in his official military service records, was
verified and authenticated by the applicant's own hand on numerous
occasions throughout his military service.

3.  The applicant provides a Standard Certificate of Birth that shows the
name J____ G_______ and requests correction of his military records to
remove the middle name/initial from his military service records.  However,
a review of the Standard Certificate of Birth against the applicant's
military service records also reveals that the first name of the child as
recorded on the birth certificate does not match the first name recorded in
the applicant's military service records.

4.  Therefore, considering all the evidence and information presented by
the applicant, together with the evidence of record, applicable law, and
regulations, it is concluded that the document provided by the applicant is
insufficient evidence to warrant a change to his military service records.
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.

5.  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 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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
27 April 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

___TAP__  __PBF__  __LMD __  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                 |AR20060005061                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680428                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Separation From Overseas          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]