IN THE CASE OF:	

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20090001275 


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 first name and middle name as B____ G____.

2.  The applicant states that the State of Tennessee filed the wrong birth certificate.  He contends that his name should be B____ G____ B_______, not 
G___ T___ B_______.  

3.  The applicant provides the following documents in support of his application:  

a.  A copy of his birth certificate, issued on 8 December 2008; 

b. A letter from the Social Security Administration, dated 12 January 2009; 

c. His Voter Registration Application, dated 20 January 2009; and 

d. His DD Form 214 (Report of Separation from Active Duty) for the period 
ending on 24 August 1977.

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 initially served in the U.S. Marine Corps from 20 June through 26 July 1974.  His DD Form 214 for the period ending on 26 July 1974 shows his first name and middle name as G___ T___.  

3.  The applicant enlisted in the U.S. Army Reserve on 16 October 1974.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his first name and middle name as G___ T___.  He was ordered to active duty for training (ADT) from 22 November 1974 to 30 March 1975.  His DD Form 214 for the period ending 30 March 1975 shows his first name and middle name as G___ T___.

4.  The applicant enlisted in the Regular Army on 24 November 1975 and continued to serve on active duty through two reenlistments.  His DD Form 214 for the period ending on 24 August 1977 shows his first name and middle name as G___ T___.    

5.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows his first name and middle name as G___ T___.

6.  Headquarters, 8th Personnel Command Orders 152-22, dated 1 June 1983, promoted the applicant to staff sergeant effective 1 June 1983.  These orders show his first name and middle name as G___ T___.    

7.  The remaining documents in the applicant’s service personnel records show his first name and middle name as G___ T___.    

8.  Headquarters, 573rd Personnel Service Company, Fort Bragg, NC orders 235-4, dated 27 December 1988, discharged the applicant from active duty with an effective date of 4 January 1989.  These orders show his first name and middle name as G___ T___.    

9.  Item 1 (Last, First, Middle) on his DD Form 214 for the period ending on 4 January 1989 shows his first name and middle name as G___ T___.    

10.  The applicant provided a copy of his birth certificate which shows his first name and middle name as B____ G____.  
11.  The applicant also provided a letter from the Social Security Administration which shows his first name and middle name as B____ G____.

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.  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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.

2.  The applicant’s birth certificate and letter from the Social Security Administration show his first name and middle name as B____ G____.

3.  Although the applicant appears to be currently using the first name and middle name of B____ G____, he served in the military and he was released from the military under the first name and middle name, G___ T___.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so that a record of the name he is currently using will be on hand.

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)                                         AR20090001275



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ABCMR Record of Proceedings (cont)                                         AR20090001275



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