RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060013197 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Roland S. Venable

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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his date of birth as 10 April 1944; his name to include his middle initial "E"; and that he completed the General Educational Development (GED) for high school equivalency.

2.  The applicant states that his records are in error because they do not show his correct name, date of birth, and level of education. 

3.  The applicant provides a copy of his DD Form 214, License Verification Card, GED test results, dated 24 August 1983; Affidavit for Correction of a Record, dated 12 February 1991; and his Certificate of Live Birth. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 July 1965, the date of his release from active duty.  The application submitted in this case is dated 3 September 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.  On 31 July 1962, the applicant enlisted in the Regular Army for 3 years.  He used a first and last name, and indicated that he had no middle name.  He completed his initial training and was awarded military occupational specialty 16C1O (Air Defense Missile Crewman).

4.  Enlistment Record (DD Form 4) shows that the applicant enlisted using a date of birth of 15 January 1944, and continued to use this date of birth for his entire period of active duty service.




5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he had completed 2 years of high school.  A Military Test Report dated December 1962, shows that the applicant had completed three of the five high school GED tests.  There is no evidence showing that he completed the two remaining GED tests while on active duty.

6.  On 30 July 1965, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 3 years of active duty and attained the rank of private first class, pay grade E3.

7.  In reviewing the applicant's records, it is noted that he signed his induction documents, Statement of Personal History, Statement of Medical Condition, as well as several documents pertaining to his administrative punishments, using only a first and last name with no indication of having a middle name or initial.  He used this name consistently throughout his entire period of military service, to include the signing of his DD Form 214.

8.  The evidence provided by the applicant shows that he successfully tested and passed all five GED tests on 23 August 1983.

9.  On 13 February 1991, the applicant's birth certificate was corrected to change his date of birth from 15 January 1944 to 10 April 1944.  This document does not show that he has or ever had a middle name or initial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army without any indication of having a middle name or initial.  He served under the same first and last name throughout his period of service.  There is no substantiating evidence to show that he was ever given a middle name or initial. 

2.  The applicant's date of birth is shown as 15 January 1944 in his military records.  It was not changed on his birth certificate until 13 February 1991, more than 25 years after his separation.

3.  There is no evidence showing that the applicant obtained a GED equivalency prior to or during his period of service.  The evidence provided by the applicant shows that he obtained a GED in 1983, approximately 18 years after his separation.

4.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

5.  Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.  

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 1965; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 July 1968.  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

__LDS___  __JCR__  __SWF__  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.



___Linda D. Simmons_____
          CHAIRPERSON


INDEX

CASE ID
AR20060013197
SUFFIX

RECON
 
DATE BOARDED
20070405 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0100
2.
103.0000
3.

4.

5.

6.