IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080011977 


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, through a member of congress, in effect, that his record be corrected to show his correct first name.

2.  The applicant states, in effect, that his military record incorrectly documents his first name.

3.  The applicant provides the following documents in support of his application:  Congressional Chief of Legislative Liaison Facsimile documents with Member of Congress Letter dated 30 June 2008; Privacy Act Statement; Medicare Health Insurance Card; Birth Certificate; and Separation Document (DD Form 214).

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 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 his records were lost or destroyed in that fire.  This case is being considered using the reconstructed record and the DD Form 214 that the applicant provides.

3.  The applicant’s DD Form 214 contains the first name he now claims is in error.  It also shows he entered active duty in the Army of the United States on 4 November 1952, and that he continuously served until he was honorably discharged on 3 November 1954, by reason of expiration term of service (ETS).

4.  The DD Form 214 shows that the applicant earned the following awards during his tenure on active duty:  United Nations Service Medal; Korean Service Medal with bronze service star; Overseas Service Bar; Combat Infantryman Badge; National Defense Service Medal and the Republic of Korea Presidential Unit Citation.  It also shows that he completed 2 years active military service and the applicant authenticated this document with his signature using the first name that he now claims is in error in Item 48 (Signature of Person Being Separated).

5.  The applicant provides a copy of his Medicare Health Insurance Card which contains the name that he now indicates is correct.  He also provides an illegible birth certificate in which the first name cannot be determined.

6.  The Privacy Act Statement includes a self-authored statement written by the applicant.  In it he indicates that the first name indicated on his DD Form 214 is the simpler English name that he chose to use since grade school, which was common practice in 1932.  However, he states that it is different from the name he was given at birth.

7.  War Department Technical Manual 12-235 (Discharge and Release From Active Duty) provided the policy for the preparation, issue, and distribution of separation documents at the time of the applicant’s separation.  The guidance contained in this publication provided for entering the last name, first name and middle initial of the member as recorded in the Service Record. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the first name listed throughout his military record is incorrect and should be changed has been carefully considered.  However, there is insufficient evidence to support this claim.


2.  The applicant’s military record was not available for review.  However, he provided a properly constituted separation document that lists the first name that the applicant now claim is incorrect.  Further, the applicant authenticated this document using that same name that he now indicates is incorrect.  His signature was his verification that the information, including his name, was correct at the time the document was prepared and issued.  Based on his signature, it is clear that the applicant’s active duty service was performed under the name he now claims is in error.  In addition, he confirms that he chose this simpler English first name since grade school rather than the first name given him at birth.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, the name listed in the applicant’s remaining reconstructed military records should not be changed at this time.

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.




      _______x _   _______   ___
               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)                                         AR20080011977





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ABCMR Record of Proceedings (cont)                                         AR20080011977



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