IN THE CASE OF:	  

		BOARD DATE:	       3 MARCH 2009

		DOCKET NUMBER:  AR20080019013 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 February 1971, item 23a (Specialty Number and Title), to show the military occupational specialty (MOS) 76Y2O and a job title of Armorer.  He also asks that his last name shown on the DD Form 214 be changed to reflect the name he now uses.

2.  The applicant states he was not a Postal Clerk but was an Armorer while in Vietnam.  He also states that he now goes by the last name P____, Jr. vice M____, Jr. and notes that all of his Department of Veterans Affairs forms and his identification cards reflect the name he currently goes by.

3.  The applicant provides a copy of his 1971 DD Form 214 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 military record shows that he enlisted and entered active duty on 23 July 1969 under the last name of M____, Jr.  His DD Form 398 (Statement of Personal History) shows he was also known under the last name of M____, Jr.

3.  The applicant completed on-the-job training in MOS 76Y while assigned to Fort Ord, California, in September 1969.  In December 1969 the applicant was reassigned to Vietnam where he was initially assigned duties in MOS 76Y as a Unit Supply Specialist.  He was promoted to the rank of private first class (E-3) in January 1970 in MOS 76Y.

4.  On 12 May 1970 the applicant was promoted to the rank of specialist (E-4) in MOS 71F2O (Postal Clerk).  The orders which promoted the applicant awarded him MOS 71F2O and withdrew MOS 76Y2O.

5.  In September 1970 the applicant submitted a request to extend his foreign service tour in Vietnam in order to qualify for the early release from active duty program.  In his request he indicated that his primary MOS was 71F2O and that he was performing duties as a "mail clerk."  In February 1971 the applicant returned to the United States from Vietnam.

6.  The applicant was honorably released from active duty on 24 February 1971 in pay grade E-4 after completing 1 year, 7 months, and 2 days of active military service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 23a of his 1971 DD Form 214 shows his MOS as 71F2O (Postal Clerk).  The applicant placed his signature, using the last name M____, Jr., in item 32 (Signature of Person Being Transferred or Discharged) to indicate that the information recorded on the form was correct/complete to the best of his knowledge.

7.  The applicant was discharged from the U.S. Army Reserve on 1 July 1975.  His discharge document shows the last name of M____, Jr.

8.  The military documents that are on file in the applicant’s official military personnel file (OMPF) show that the applicant served and was released from active duty under the last name of M____, Jr.  instead of the last name P____, Jr.  There is no evidence in his service personnel records to show he applied for a legal change of his last name while he served on active duty or in the U.S. Army Reserve.

9.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 23a would list the Soldier's primary MOS code number and title. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted and entered active duty in July 1969 under the last name of M____, Jr.  In reviewing the record, the applicant appropriately served on and was separated from active duty under the last name of M____, Jr.  There is no evidence that he attempted to change his last name while he was in the Army or the U.S. Army Reserve.

2.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

3.  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.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed.

4.  A copy of this decisional document, along with his application and enclosures, will be filed in the applicant's OMPF.  This should serve to clarify any questions or confusion regarding the different last names.

5.  Although the applicant may have held MOS 76Y2O at one time and performed duties in that specialty, that specialty was withdrawn when the applicant was promoted to the rank of specialist and promoted in MOS 71F2O.  Hence the applicant’s 1971 DD Form 214 reflects the correct MOS in item 23a.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.



7.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080019013



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ABCMR Record of Proceedings (cont)                                         AR20080019013



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