RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 August 2007
      DOCKET NUMBER:  AR20070002407


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Flemings          |     |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 last name listed on his
Discharge Certificate be changed.

2.  The applicant states, in effect, his given birth name was changed by
his stepfather changed his last name to his without adopting him for school
registration.  He states that when he was overseas at Camp Drake, the
United States Army changed his last name to his birth name for allotment
purposes and he used his birth name when he was married.  He now wishes to
have his records, to include his Discharge Certificate, to reflect his
current and birth name.

3.  The applicant provides the following documents in support of his
application:  Discharge Certificate; Birth Certificate; and High School
Certificate (Illegible).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 15 October 1952, the date of his discharge.  The
application submitted in this case is dated 6 February 2007.

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 to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  However,
there were sufficient documents remaining in a reconstructed record for the
Board to conduct a fair and impartial review of this case.  This case is
being considered using reconstructed records, which primarily consist of
the documents provided by the applicant.

4.  The available evidence shows the applicant was honorably discharged
from the Army of the United States on 15 October 1952.  His NPRC file does
not include a separation document showing the dates of his service, or
other pertinent information.

5.  The Honorable Discharge Certificate provided by the applicant lists the
last name he now wishes to be changed, and the birth certificate he
provides lists the last name he now claims is his birth name and the name
which he would like his military records corrected to reflect.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the last name listed on his discharge
certificate be changed to his birth name was carefully considered.
However, while the validity of his birth certificate and the name listed as
his birth name is not in question, the Discharge Certificate he provides
shows he entered, served, and was separated under the name listed on this
certificate.  Absent any evidence to confirm his name was changed to
reflect his birth name while he was serving, there is an insufficient
evidentiary basis to provide the requested relief.

2.  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.  Absent any evidence that he has actually suffered an injustice
based on the name recorded on his Discharge Certificate, there appears to
be no compelling reason to compromise the integrity of the Army’s records
to correct his name at this late date.

3.  This Record of Proceedings, along with the verification documents
provided by the applicant, will be filed in his NPRC file to provide
clarity to any confusion that might arise regarding the difference in the
name on his birth certificate and name recorded on his Discharge
Certificate.  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 now under consideration on 15 October 1952, the date of his
discharge. Therefore, the time for him to file a request for correction of
any error or injustice expired on 14 October 1955.  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 failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS _  __EIF ___  __RJF___  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                 |AR20070002407                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/10/15                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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