IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080007845
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 September 1969 be corrected to show his name as Henry L____ C____, III.
2. The applicant states that his birth certificate and social security (card) show his name as Henry L____ C____, III; however, his DD Form 214 shows his name as Henry L____ C____, Jr. He is getting ready to retire and needs his DD Form 214 for the period ending 5 September 1969 corrected.
3. The applicant provides a Certification of Birth; his Delaware driver license; and his DD Form 214 for the period ending 5 September 1969.
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 was inducted into the Army of the United States on 30 August 1966. His DD Form 47 (Record of Induction) shows his name as Henry L____ C____, Jr.
3. The applicant was honorably discharged on 5 September 1966 for the purpose of enlistment in the Regular Army. His DD Form 214 for the period ending 5 September 1966 shows his name as Henry L____ C____, Jr., and he signed this DD Form 214 as Henry L____ C____, Jr.
4. The applicant enlisted in the Regular Army on 6 September 1966. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows his name as Henry L____ C____, Jr., and he signed this DD Form 4 as Henry L____ C____, Jr.
5. The applicant completed a DD Form 398 (Statement of Personal History) on 1 September 1967. He listed his name on this form as Henry L____ C____, Jr., and he signed this DD Form 398 as Henry L____ C____, Jr.
6. The applicant completed another DD Form 398 on 17 May 1968. His name is shown on this form as Henry L____ C____, Jr., and he signed this DD Form 398 as Henry L____ C____, Jr.
7. The applicant was honorably released from active duty on 5 September 1969. His DD Form 214 for the period ending 5 September 1969 shows his name as Henry L____ C____, Jr., and he signed this DD Form 214 as Henry L____ C____, Jr.
8. All documents in the applicants records show his name/signature as Henry L____ C____, Jr.
9. The applicant provided a Certification of Birth showing his name is Henry L____ C____, III.
10. 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 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 applicant provided a Certification of Birth that shows his name is Henry L____ C____, III, he appropriately served on and was released from active duty under the name Henry L___ C___, Jr. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ ___xx___ 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.
_______ xxxx_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080007845
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ABCMR Record of Proceedings (cont) AR20080007845
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