IN THE CASE OF:	

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080015281 


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, in effect, that his name and date of birth be corrected on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that he did not discover that his mother had spelled his name differently from his birth certificate.  He did not discover this until after his military service.

3.  He continues that he was not aware of the spelling or the birthday differences.  Now, while applying for VA (Department of Veterans Affairs) benefits he needs to have the date and spelling consistent with what he legally uses.

4.  In support of his request, the applicant provides a copy of his DD Form 214 and a copy of his Certificate of Birth which was issued by the City of Chicago, Board 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 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.  It is believed the applicant's records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his DD Form 214 and from other official Army sources.

3.  The evidence shows the applicant was inducted into the Army of the United States on 19 June 1953.  He was released from active duty on 4 May 1955 in the rank of Sergeant and transferred to the United States Army Reserve to complete his remaining military service obligation.

4.  Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 the applicant was issued on his release from active duty shows his name as D********, Casimir S*****.  Item 10 (Date of Birth) of the DD Form 214 shows the date 31 July 1933.

5.  The applicant provided a copy of a birth certificate that was issued by the City of Chicago on 20 February 1940.  The birth certificate he provided shows his name was spelled, D********, Kazmer S*****.  The applicant's date of birth on this birth certificate shows 30 July 1933.

6.  There is no evidence in the applicant's available service personnel records that shows he attempted to have his name changed or to correct his date of birth while he served on active duty.  By the applicant's own admission, he did not know of the misspelling of his name and the difference in his date of birth until after his military service.

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing 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.  The name to be shown on the DD Form 214 is the name the applicant used on entry in and while performing his military service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was inducted into the Army of the United States with the name D********, Casimir S*****.  This is the name that it is believed he used consistently throughout his active duty military service.

2.  The birth certificate the applicant provided the Board shows that the name recorded with the City of Chicago by his mother was spelled, D********, Kazmer S*****.

3.  Item 10 of the DD Form 214 the applicant was provides at the time of his release from active duty shows his date of birth to be 31 July 1933.  It is believed this was the date of birth he used consistently throughout his active duty military service.

4.  The birth certificate the applicant provided the Board shows the date of birth recorded by the City of Chicago is 30 July 1933.

5.  By the applicant's own admission, he did not know of the misspelling of his name or the error in his date of birth until after his military service.

6.  The applicant's desire to have his Army records changed is acknowledged, but there is an insufficient basis for compromising the integrity of the Army's records.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created, and in the absence of a showing of material error or injustice, there is little basis for recommending that the records be changed.

7.  The applicant is advised that a copy of this Board action will be filed in his official military personnel records so it will be a matter of record and that those having an official need to know will be aware of the differences in the spelling of his name and date of birth.

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)                                         AR20080015281



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ABCMR Record of Proceedings (cont)                                         AR20080015281



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