IN THE CASE OF:	  

		BOARD DATE:	        28 October 2008

		DOCKET NUMBER:  AR20080009481 


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 correction of his records to show his middle name as “Elxxxe” instead of “Lxxe” and his date of birth (DOB) as 1 May 1971 instead of 1 May 1970.

2.  The applicant states that the verification of birth was incorrectly recorded and that, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the correct middle name or DOB. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 372 (Request for Verification Birth), dated 29 April 1988.

	b.  Certificate of Live Birth, dated 1 May 1971 (issued on 23 January 2008).

	c.  Copy of his Social Security Card.

	d.  Copy of his Illinois Driver’s License.

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's records show that he enlisted in the Regular Army for a period of 4 years on 6 September 1988.  Item 1 (Name) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his middle name as “Lxxe” and Item 6 (Date of Birth) shows he was born on 1 May 1970.  The applicant authenticated this form by placing his signature in Item 20b (Signature of Delayed Entry/Enlistment Program Enlistee) and Item 22b (Signature of Enlistee/Reenlistee) using the middle name “Lxxe.”  

3.  On 28 April 1988, the applicant completed a DD Form 398-2 (Department of Defense Personnel Security Questionnaire) and indicated in Item 1 (Last Name, First Name, Middle Name) that his middle name was “Lxxe” and in Item 5 (Date of Birth) that his DOB was 1 May 1970.  He authenticated this form by placing his signature in the proper block, certifying that the entries made on this form by him were true, complete, and accurate to the best of his knowledge.

4.  On 29 April 1988, the Station Commander, U.S. Army Recruiting Station, Aurora, Illinois, submitted a request for verification of the applicant’s birth.  The Station Commander indicated on this form that the applicant’s middle name as “Lxxe” and his DOB as “1 May 1970” and that the information on this form “was verified per telephone conversation with Bxxxx at Med(ical) Rec(ords) Department, Marshall County Hosp(ital), Mississippi.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) created on 8 September 1988 and reviewed by the applicant on 23 September 1991 shows his middle name as “Lxxe.”

6.  The applicant’s DA Form 873 (Certificate of Security Clearance and/or Security Determination), dated 21 December 1990, show his middle name as “Lxxe” and his DOB as “1 May 1970.”



7.  On 6 December 1991, the applicant submitted a DD Form 1172 (Application for Uniformed Services Identification Card - DEERS Enrollment) listing his middle name as “Lxxe” and his DOB as “1 May 1970.”  He authenticated this form by 
placing his signature in the appropriate block certifying that the information provided in connection with his application was true and accurate to the best of his knowledge.

8.  The applicant was honorably released from active duty on 5 September 1992 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as “Lxxe” and Item 5 (Date of Birth) shows his DOB as “ 1 May 1970.”  The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial “L,” and his last name.

9.  The applicant provided a copy of his birth certificate, issued on 23 January 2008 that shows his middle name as “Elxxxe” and his DOB as “1 May 1971.”

10.  The applicant also provided a copy of his Illinois Driver’s License which shows his DOB as “1 May 1971” and his Middle Initial as “E.”  He also provided a copy of his Social Security Card which shows his middle name as “Elxxxe.”

11.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In 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 soldier’s 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.  The applicant requests that his DD Form 214 be corrected to show his middle name as “Elxxxe" and his DOB as “1 May 1971.”

2.  The evidence of record shows that upon his enlistment in the Regular Army on 6 September 1988, the applicant listed his middle name as “Lxxe” and his DOB as “1 May 1970.”  His middle name and DOB are consistent with the name and DOB on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his middle name and DOB on each form were correct.  He did not use the name “Elxxxe” or the DOB of
“1 May 1971” on any official documents during his military service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s middle name or DOB in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different middle names and dates of birth, and adequately document his correct middle name and date of birth in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.


															XXX
      ______________________
               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)                                         AR20080009481



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ABCMR Record of Proceedings (cont)                                         AR20080009481



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