RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012522 


	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 recorded in his military records be changed from Gabele to Gable.   

2.  The applicant essentially states that the last name recorded in his military records does not match his birth certificate. 

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), a certificate of birth, a correction of birth certificate, and a second correction of birth record in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
1 October 1953, the date of his release from active duty.  The application submitted in this case is dated 27 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 records are not available 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.  This case is being considered using documents provided by the applicant.

4.  The applicant’s DD Form 214 issued to and authenticated by the applicant with his signature at his release from active duty on 1 October 1953 shows that the last name recorded on this document is Gabele.  The applicant authenticated this document with his signature, and his signature contained the last name Gabele.    

5.  The applicant provided a copy of his birth certificate, which was certified by the Ohio Department of Health on 7 December 2004 as an exact copy of the record on file, which lists his birth last name as Gable.  However, he also provided a court document, dated 28 July 2004, which shows that he had his last name changed from Gabele to Gable on that date.  He also provided a birth certificate, also dated 28 July 2004, which shows that his last name was changed from Gabele to Gable.

6.  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 and 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 contends that the last name recorded in his military records should be changed from Gabele to Gable.   

2.  It is understandable that the applicant desires to have the last name recorded in his military records changed to his correct birth last name.  However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice.

3.  It appears that the applicant enlisted, served, and was honorably released from active duty under the last name Gabele, and it appears that that was his legal last name at the time of his service in the Regular Army.  The fact that on 28 July 2004, more than 50 years after his release from active duty, he had his last name changed from Gabele to Gable is not a sufficiently mitigating factor that warrants granting this requested relief.

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the last name under which he served.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his correct birth last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct birth last name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct birth last name documented in his OMPF. 
6.  In view of the foregoing, there is no basis for granting the applicant's request.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 October 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 September 1956.  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

__KW ___  __LD ___  __EF   __  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.




_____Kenneth Wright________
          CHAIRPERSON




INDEX

CASE ID
AR20060012522
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
100.0100.0000
2.

3.

4.

5.

6.