RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011406 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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 his discharge documents and military service records be corrected.

2.  The applicant states, in effect, that his name is recorded in his military service records as T____ R__ B_______.  He also states, in effect, that his discharge documents and military service records should show his correct name as T___ R__ R_____.  The applicant further states, in effect, that he did not know his correct name until he obtained a copy of his birth certificate.

3.  The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 13 April 1972; DD Form 214 (Report of Separation from Active Duty), with an effective date of 30 October 1978; State of Alabama, Center for Health Statistics, Certificate of Live Birth, Birth Number 101-52-005437, recorded on 4 February 1952; and Social Security Administration Form OA-702 (Social Security Card).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 October 1978, the date of his discharge from the U.S. Army.  The application submitted in this case is dated 7 August 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 1 September 1970 for 2 years.  Upon completion of basic combat training and advanced individual training he was awarded military occupational specialty (MOS) 13A (Field Artillery - Basic).  On 11 January 1972, the applicant was honorably released from active duty and transferred to the
U. S. Army Reserve after completing a total of 1 year, 7 months, and 3 days of net active service.  On 11 October 1974, the applicant reentered active duty, served, and was honorably discharged on 30 October 1978 after completing a total of 4 years and 20 days of net active service during this period.
4.  The applicant’s military service records contain a DD Form 398 (Statement of Personal History), dated 27 August 1970.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; date of birth (DOB) as
5 January 1952; place of birth (POB) as Sylacauga, Alabama; Social Security Number (SSN) as 4##-7#-2427; and that the document was authenticated by the applicant's own hand and witnessed by another individual.

5.  The applicant’s military service records contain a DD Form 47 (Record of Induction), dated 1 September 1970.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; and POB as Sylacauga, Alabama.  It does not show the applicant's SSN.

6.  The applicant’s military service records contain a DD Form 369 (Police Record Check), dated 3 September 1970.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; POB as Sylacauga, Alabama; SSN as 4##-7#-2427; and that the document was authenticated by the applicant's own hand and the official taking the applicant's fingerprints.

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 T____ R__ B_______; DOB as 5 January 1952; POB as Sylacauga, Alabama; and SSN as 4##-7#-2427.  This document also shows that it was audited by the applicant on 10 September 1970 and reviewed by the applicant on 12 January 1972.

8.  The applicant’s military service records contain a DD Form 214, with an effective date of 13 April 1972.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; POB as Sylacauga, Alabama; SSN as 4##-7#-2427; and that the document was authenticated by the applicant's own hand on the date of his separation.

9.  The applicant’s military service records contain a DA Form 3072-1 (Request for Waiver of Disqualification for Reenlistment in the Regular Army for Personnel Applying from Civilian Life), dated 15 August 1973.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; and SSN as 4##-7#-2427.  This document also shows that the applicant's marital status at the time of his previous separation was single, that his (then current) marital status was married, and he was married on 28 October 1972.


10.  The applicant’s military service records contain a DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 11 October 1974.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; POB as Sylacauga, Alabama; and SSN as 4##-7#-2427.  The document was authenticated by the applicant's own hand and witnessed by the enlisting officer.

11.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; POB as Sylacauga, Alabama; and SSN as
4##-7#-2427.  This document also shows that it was prepared for audit by the applicant on 9 July 1976 and reviewed by the applicant on 3 November 1977.

12.  The applicant’s military service records contain a DA Form 4187 (Personnel Action), subject:  Request for Separation (Dependency/Hardship), dated
31 August 1978.  This document shows the applicant requested a dependency/ hardship discharge based, in pertinent part, on being the sole parent of his three children since 14 July 1978.  In support of the applicant's request for discharge he attached enclosures to the request that included, in pertinent part, State of Alabama, Talladega County, Agreement, between W____ G___ R_____
(i.e., his wife) and T___ R__ R_____ (i.e., the applicant), dated 8 June 1978, which specified the terms of their separation agreement.  Also enclosed was a copy of State of Alabama, Talladega County, Circuit Court of Talladega County, Alabama, Judgment of Divorce, pertaining to W____ G___ R_____ (i.e., his wife) and T____ R__ R_____ (i.e., the applicant), dated 12 June 1978.

13.  The applicant’s military service records contain a DD Form 214, with an effective date of 30 October 1978.  This document shows, in pertinent part, the applicant's name as T____ R__ B_______; DOB as 5 January 1952; SSN as 4##-7#-2427; and that the document was authenticated by the applicant's own hand on the date of his discharge.

14.  In support of his application, the applicant provides, in pertinent part, copies of his Certificate of Live Birth and Social Security Card, which both show his name as T___ R__ R_____.  The Certificate of Live Birth shows his DOB as
5 January 1952 and POB as Sylacauga, Alabama, and the Social Security Card shows his SSN as 4##-7#-2427.


15.  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 name on his discharge documents and all of his military service records should be corrected because it does not correspond with the name that is recorded on his Certificate of Live Birth and Social Security Card.  The applicant further contends, in effect, that he did not know his correct name until he obtained a copy of his birth certificate.

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 T____ R__ B_______.  The evidence of record also shows that he reentered active duty, served, and was discharged under the name of T____ R__ B_______.  The evidence of record further shows that his name is consistently recorded in his military service records as T____ R__ B_______ and corresponds with the DOB, POB, and SSN provided and affirmed by the applicant throughout the entire period of his military service (i.e., from 1 September 1970 until 30 October 1978).

3.  The evidence of record indicates the applicant was married on 28 October 1972 under the name T___ R__ R_____.  The evidence of record also shows that the separation agreement and judgment of divorce (dated, 8 June 1978 and 12 June 1978, respectively), which the applicant provided in support of his request for dependency/hardship discharge, both list his name as T___ R__ R_____.  It is not clear why these documents, in and of themselves, were accepted as viable supporting documents for his request for discharge without corresponding proof of a legal name change, nor why the applicant did not initiate action to change the name on his military records prior to his discharge.  Nonetheless, the applicant's request for discharge was approved on 31 August 1978 and he was discharged on 30 October 1978 under the name T____ R__ B_______.

4.  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 documents provided by the applicant are insufficient evidence to warrant a change to his discharge documents and military service records.
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.  In his application, the applicant implies that the discovery concerning his name did not occur until after he was discharged from the Army.  However, the evidence of record shows that the applicant actually utilized the other name (i.e., that he now requests) in certain civilian matters while he was serving in the Army under another name, and that he took no action to reconcile, change or otherwise correct the name in his military service records, at that time. Therefore, in view of the foregoing, there is no basis for granting the applicant's request to change his name on his discharge documents or in his military service records.

6.  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.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 October 1978; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 October 1981.  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

__WDP__  __PMS__  ___JLP__  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.




_____William D. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/13
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.

2.

3.

4.

5.

6.