RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070005033


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |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, printed clarification of his late
father’s last name on his enlistment and discharge certificates.  The
applicant also requests, in effect, correction of the former service
member’s (FSM) place of birth on his discharge certificate.

2.  The applicant states, in effect, that the FSM’s name on his enlistment
and discharge certificates are not a true representation of the spelling of
the FSM’s last name.  The applicant also states, in effect, that the FSM
was born in Indian Territory which is now Oklahoma and not Kansas.

3.  The applicant provides a copy of  the FSM’s Last Will and Testament
naming the applicant as one of the children born to the FSM, an amended
copy of a certificate of birth from the State of Illinois, a certificate of
death from the Florida Office of Vital Statistics, a copy of Form Number
595 (Honorable Discharge from the United States Army), and a copy of a
notarized affidavit of Rebirths and Parentage.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged error which
occurred on 13 August 1919, the date of the FSM’s discharge from active
duty.  The application submitted in this case is dated 1 April 2007.

3.  On 14 December 1918, the applicant’s late father enlisted into the
United States Army.  The Enlistment Record records his last name as
B****n***l.  A review of the available military records, show the FSM’s
last name as B***n***l.  The FSM signed his name using B***n***l.

4.  On 13 August 1919, the applicant received a honorable discharged from
active duty. The FSM's DD Form 595 reflects his last name as B***n***l.
The applicant signed his name using B***n***l.

5.  On 22 December 1969, the applicant’s late father was issued an amended
certified copy of a birth record from the State of Illinois – Department of
Public Heath, which shows that the last name of  B****n***l was marked
through and the last name B****ne***was typed over it.

6.  The Form Number 595, dated 13 August 1919, shows that the applicant was
born in Chetopa, Kansas.  Item 12 (Birthplace (Name State, if in U.S.)) of
the amended birth certificate shows that the FSM was born in Kansas.

7.  The affidavit of Rebirth and Parentage dated 8 November 1943, shows
that the FSM was born in Indian Territory on 7 December 1895.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that that FSM’s military records should be
changed to reflect B***ne***l instead of B***n***l.

2.  It is understandable that the applicant wants to have the name recorded
in his late fathers military records changed to reflect the FSM’s name that
is shown on his amended birth certificate and the affidavit written by the
FSM’s mother.  However, there is no evidence that shows the FSM ever used
the name B***ne***l while on active duty nor is there any evidence that
shows the FSM stated that he lived in Oklahoma.  In addition, there is no
evidence of record or independent evidence that suggests the name or place
or birth recorded in the FSM’s military records exhibits a material error
or injustice.

3.  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.  At the time of the creation of the FSM’s military records, the
FSM was using, and signing the last name of B***n***l and his records
stated that he lived in Kansas.  There is no compelling reason for
compromising the integrity of the Army’s records.

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



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP__  ___LMD_  __JLP_ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____William D. Powers_____
                                            CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20070005033                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Loretta D. Gulley                   |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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