IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20080019936 


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:

	a.  correction of his middle name and date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and

	b.  correction of his DOB on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

2.  The applicant states the entries on his DD Form 214 and NGB Form 22 do not match those on his birth certificate.

3.  The applicant provides a copy of his DD Form 214, dated 21 June 1971; a copy of his NGB Form 22, dated 14 December 1976; and a copy of his birth certificate, dated 17 June 1949, in support of his request.

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 he was inducted into the Army of the United States on 15 September 1969.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows the middle name entry as “Stevenson" and item 5 (Date of Birth) shows the DOB entry as "17 June 1949.”  

3.  The applicant's records further show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 16B (Hercules Missile Crewman).  

4.  The applicant's record contains several personnel documents (enlistment orders, reassignment orders, etc.) that show his middle initial as "S."   Additionally, the record also contains several medical documents (Report of Medical History, Immunization Record, etc.) that show his middle name as "Stevenson" and his DOB as "17 June 1949." 

5.  The applicant's records also show he was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 21 June 1971.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as "Stevenson" and item 9 (Date of Birth) shows he was born on "17 January 1949."  The applicant authenticated this form by placing his signature in the appropriate place.

6.  The applicant's records show he enlisted in the Virginia Army National Guard (VAARNG) for a period of 3 years on 15 December 1973.  He was honorably separated on 14 December 1976.  Item 1 (Last Name, First Name, Middle Name) of the NGB Form 22 he was issued shows his middle name as "Stevenson" and item 4 (Date of Birth) shows he was born on "17 June 1949."

7.  The applicant provided a copy of his certificate of birth that shows his middle name as "Stephen" and his DOB as "17 June 1949."

8.  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 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 contends that his DD Form 214 should be corrected to show his middle name as "Stephen" and his DOB as "17 June 1949."  He also requests that his NGB Form 22 be corrected to show his middle name as "Stephen." 

2.  With respect to the applicant's DOB on the DD Form 214, the evidence of record shows the applicant was born on 17 June 1949.  This DOB was used during his induction and throughout his military service.  It appears that a clerical error led to recording his month of birth as January instead of June.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his DOB as 17 June 1949.

3.  With respect to the applicant's middle name, the evidence of record shows that the applicant used the middle name "Stevenson" upon his induction into the Army of the United States.  This middle name is consistent with the middle name he used on several documents in his service record throughout his Regular Army and ARNG service.  The applicant authenticated several documents by placing his signature in the appropriate block, indicating that his middle name was "Stevenson" on each form was correct.  He did not use the requested middle name during his military service.

4.  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 in this case.  

5.  A copy of this decisional document, along with the applicant’s application will be filed in his DA Form 201 (Military Personnel Record Jacket (MPRJ)) (also known as the 201 file).  This should serve to clarify any questions or confusion regarding the different middle names and adequately document his middle name in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry “17 JAN 49" from item 9 of the applicant's DD Form 214, dated 21 June 1971, and adding the entry "17 JUN 49." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant's middle name on his DD Form 214 and NGB Form 22.




      _______ _   _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)                                         AR20080019936



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ABCMR Record of Proceedings (cont)                                         AR20080019936



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