RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060009995 


	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.



	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 last name shown on his separation document (DD Form 214) be changed to show his correct last name.

2.  The applicant states, in effect, that he did not have his birth certificate when he enrolled in elementary school and when he joined the Army, no one asked for it.  He also states that he took his driver's test under his correct last name; however the Army enlisted him under the incorrect last name.  He indicates that this error became apparent when he applied for entrance into the Army and benefits.

3.  The applicant provides a copy of his birth certificate in support his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error which occurred on 4 May 1971.  The application submitted in this case is dated 28 June 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 Personnel Records Jacket (MPRJ) contains a Record of Induction (DD Form 47) that lists the last name the applicant now claims is incorrect.  The MPRJ also includes a Statement of Personal History (DD Form 398) and National Agency Check Request (DD Form 1584), which were completed during the applicant's induction processing, which both list his last name he now claims is incorrect.  These documents also list the names of the applicant’s parents and shows they were both deceased at that time.  

4.  The DD Form 398 and DD form 1584 also shows that the last name of the applicant's father was the same last name used by the applicant upon his entry on active duty, and that the last name of his mother is the last name the applicant now indicates his should be.

5.  The applicant was inducted into the Army of the United States and entered active duty on 24 June 1962, and he was honorably discharged for the purpose of enlistment in the Regular Army (RA on 26 June 1962.  The DD Form 214 he was issued at that time shows he completed 3 days of active military service.  Item 1 (Last Name, First Name, Middle Name) lists the last name he now claims is incorrect, and the applicant authenticated this document with his signature, using the last name he now claims is incorrect in Item 32 (Signature of Person Being Transferred or Discharged).

6.  The applicant's MPRJ contains an Enlistment Record (DD Form 4), which shows that the applicant enlisted in the RA on 27 June 1968.  This document also lists the name that the applicant states is incorrect.  

7.  On 27 June 1968, the applicant entered active duty in the RA.  The Enlisted Qualification Record (DD Form 20) prepared on him upon his entry on active duty, and all orders and documents prepared on him throughout his military service all contain the last name he now claims is in error.  The applicant authenticated all records and documents on file in his MPRJ by signing the last name he now claims is incorrect.  No documents prepared during his induction and enlistment processing, or at anytime during his military service list his last name using the name that he indicates is his correct last name.  

8.  The applicant continuously served in the Army until he was honorably separated from active duty and transferred to the United States Army Reserve on 4 May 1971.  At the time, he had completed a total of 2 years, 10 months and 8 days of active military service.  The separation document (DD Form 214) issued to him at the time of his separation lists the last name he now claims is incorrect in Item 1, and the applicant authenticated this separation document with his signature using the last name he now claims is in error in Item 32.  

9.  The applicant's MPRJ also includes a letter from the applicant dated 25 May 1998, addressed to the National Personnel Records Center, requesting correction of his last name.  In this request the applicant indicated that his mother separated from his father prior to his birth and that he took on the name of the man who raised him who he believed to be his real father.  He also points out that his birth certificate does not identify his father.

10.  The applicant provides a Certificate of Birth, dated 10 May 2006, which shows the last name that he claims is correct.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states, in pertinent part, that Item 1 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the last name listed on his separation document is incorrect and should be changed has been carefully considered.  However, the evidence of record confirms the last name shown on both of the applicant's DD Forms 214 is identical to the name recorded on his Enlisted Qualification Record and matches the last name entered in the military records prepared on him upon his entry on active duty.  It is also the last name displayed in orders and other documents prepared on him throughout his active duty tenure.  Further, the applicant authenticated all documents and records that required a signature by signing with the last name he now claims is in error.  

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, the Board concludes the name listed in the applicant’s military records should not be changed at this time. 

3.  This Report of Proceedings, along with the verification documents provided by the applicant, will be filed in his Official Military Personnel File (OMPF) to provide clarity to any confusion that might arise regarding his last name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant’s military record regarding his name.

4.  Records show the applicant should have discovered the alleged error or injustice at 4 May 1971, the date of his separation.  Thus, the time for him to file a request for correction of any error or injustice expired on 3 May 1974.  He failed to 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 his failure to file.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KAN __  __DKH __  __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.




_____Kathleen A. Newman___
          CHAIRPERSON




INDEX

CASE ID
AR20060009995
SUFFIX

RECON
NO
DATE BOARDED
2007/03/20
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/05/04
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Early Sep from Overseas
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0100
2.

3.

4.

5.

6.