RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2008
DOCKET NUMBER: AR20070013201
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his birth name.
2. The applicant states that he was using the name D___ from the time he started school up until he came out of the Army and tried to get his drivers license. All of his identification was in the name of D___, and his birth certificate was in the name of K___. As far as his DD Form 214, he did not find out about the error until last year when he tried to go to the Department of Veterans Affairs.
3. The applicant provides his birth certificate birth and a letter from the Mississippi Department of Health.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 26 September 1979 under the last name D___. Section III (Verification of Personal Data) of his DD Form 1966 (Record of Military Processing Armed Forces of the United States) stated:
If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:
NAME AS SHOWN ON BIRTH CERTIFICATE
Albert Jerome K___
I hereby state that I have not changed my name through any court procedure, and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent. I further state that I am the same person as the one whose name is shown in block 1.
3. The applicant was honorably released from active duty on 24 September 1982. His DD Form 214 shows his name as Albert Jerome D___. He signed his DD Form 214 as Albert J. D___.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. Although the applicants birth name is K___, he specifically stated when he enlisted that he preferred to use the name D___. He appropriately served on and was released from active duty under the name D___. While his desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Armys records. This Board action will be filed in his military records so a record of his birth name will be on hand. He may provide a copy of this Record of Proceedings to the Department of Veterans Affairs for their information/use.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__klw___ __au____ __rdg___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR20070013201
SUFFIX
RECON
DATE BOARDED
20080205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.01
2.
3.
4.
5.
6.
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