RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060006415


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David Tucker                  |     |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 first and middle names be corrected on
his DD Form 214 (Report of Separation from the Armed Forces of the United
States).

2.  The applicant states that his middle name is listed as his first name
on all of his military documents.

3.  The applicant provides a birth certificate and an Alabama driver
license.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 March 1954.  The application submitted in this case is dated
1 May 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 records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 17 April 1952 and released from active
duty on 27 March 1954.

5.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 shows his first and middle names are Vaughn Everett.  Item 48
(Signature of Person Being Separated) on his DD Form 214 shows a legible
signature and Vaughn is the first name and “E” is the middle initial.

6.  In support of his claim, the applicant provided a copy of his birth
certificate which shows the first and middle names Everette Vaughn.  He
also provided an Alabama driver license which shows the first and middle
names Everett Vaughn.
7.  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.  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.

2.  Although the birth certificate provided by the applicant shows the
first and middle names Everette Vaughn and the Alabama driver license shows
the first and middle names Everett Vaughn, the applicant authenticated his
DD Form 214 on 27 March 1954 with the first name Vaughn and the middle
initial “E.”  It appears he appropriately served on and was released from
active duty under the first and middle names Vaughn Everett.  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, in
particular, the applicant’s DD Form 214.  This Board action will be filed
in the applicant’s military records so a record of his birth name will be
on hand.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 27 March 1954; therefore, the time for the applicant
to file a request for correction of any error expired on 26 March 1957.
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

JR_____  __RS___  __DT____  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.




                                  ___Jeffrey Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006415                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|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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