IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090002308
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 military service records to show his correct name and date of birth (DOB).
2. The applicant states that his military records show his name as A____o L. C____-O____ and that his correct name is A___l L. C____. He further states that his military records show his DOB as 31 March 1954 and his correct DOB is 30 March 1954.
3. The applicant provides a City of New York Vital Records Certificate Certification of Birth and a Veterans Administration Certificate of Eligibility for Loan Guaranty Benefits in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 17 September 1971. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicants name as A____o L. C____-O____ and his DOB as 31 March 1954. His DD Form 398 (Statement of Personal History) shows his name as A____o L___ C____-O____ and his DOB as 31 March 1954.
3. On 1 March 1972, the applicant was honorably discharged from active duty.
4. Item 1 (Last Name-First Name-Middle Name) of the applicant's DD Form 214 with the period ending 1 March 1972 shows his name as C____-O____ A____o L. Item 9 (Date of Birth) shows his DOB as 31 March 1954. All documents in his service records show his name as A____o L___ C____-O____ and his DOB as 31 March 1954.
5. The applicant provided a copy of a Certification of Birth, issued by the City of New York. This document shows that the applicants name as A___l L___ C____ and his DOB as 30 March 1954. This document was issued on
4 February 2002.
6. 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 the DD Form 214 is a synopsis of the Soldiers 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. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name and DOB under which he served. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information 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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his correct name and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name and DOB, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
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) AR20090002308
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ABCMR Record of Proceedings (cont) AR20090002308
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