RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060011860
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry W. Racster
Member
Mr. Rodney E. Barber
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 military records be corrected to show the name L***y J*e A***s instead of J*e D****y A***s.
2. The applicant states that his name was changed and that he has previously requested that his records be corrected.
3. The applicant provides a copy of a State of Louisiana Amended Birth Certificate and a copy of his driver's license in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 12 September 1969, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 15 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 applicants failure to timely file.
3. Records show that the applicant enlisted in the Regular Army on 15 September 1966 for a period of three years. The DD Form 4 (Enlistment Record-Armed Forces of the United States) shows the applicant's name as J*e D****y A***s. The applicant initialed the form in several places using the initials "JDA" and he authenticated the form with the signature J*e D****y A***s.
4. There is no indication in any of the applicant's official military records that he served under the name L***y J*e A***s.
5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that the applicant was identified as J*e D****y A***s and authenticated the form using the signature J*e D****y A***s.
6. The applicant submitted a copy of his amended birth certificate which shows that his full name was corrected from J*e D****y A***s to L***y J*e A***s on 20 September 2001.
7. Army Regulation 600-8-104 (Military Personnel Information Management
/Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.
DISCUSSION AND CONCLUSIONS:
11. The applicant requests that his military records be corrected to show he served his term of service under the name L***y J*e A***s.
2. Evidence shows he was enlisted and served under the name, J*e D****y A***s. The applicant's amended birth certificate shows that his name was changed from J*e D****y A***s to L***y J*e A***s, however, this document was not prepared until after his military service. Therefore, the Army records are consistent with the applicant's name at that time.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
5. A copy of this decisional document, along with his application, which confirms his birth name, will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different names, and adequately document his name in his record for the purpose of entitlement to veterans' benefits.
6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
11 September 1972. 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
__LWR__ _MKP__ __REB___ 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.
__M. K. Patterson___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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