IN THE CASE OF:	  

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090009602 


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 DD Form 214 (Report of Transfer or Discharge) to show his name as G----- H-----, Jr.; permanent address as P.O. Box ----, Newark, NJ 07101 or – Grant Street, Newark, NJ 07104; and that he has two years of college education (14 years).

2.  The applicant states his name is G----- H------, Jr. and not B---- G. H------; that he moved from the address listed on the DD Form 214 over 30 years ago; and that he has 2 years of college education.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
5 October 1968; a copy of a State of New Jersey, Bureau of Vital Statistics, certification of an official Birth Record, issued on 30 April 2007; and a letter from the Apostle's House, Newark, NJ, dated 12 March 2009, 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 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 was inducted into the Army of the United States on 13 February 1967.  He completed the required training and he was awarded military occupational specialty 76Q (Equipment Repair and Parts Specialist).  He honorably served on active duty, including one year of service in Vietnam.

3.  The applicant's DD Form 47 (Record of Induction) shows he was born on 21 April 1942, he was inducted under the name B---- G----- H------, and his home address was listed as --- South Munn Avenue, East Orange, NJ, 07018.  It further shows he had completed 11 years of education.

4.  A DA 3027 (Request for National Agency Check) shows the applicant's parents are G----- H------ and A-- R-----.

5.  The DD Form 214 shows the applicant as B---- G. H------, with a permanent address in East Orange, NJ, and that he had 11 years of civilian education.

6.  All documentation in the applicant's official military personnel file (OMPF) shows his name as B---- G----- H------; his home address in East Orange, NJ; and that he had completed 11 years of civilian education.

7.  The letter from the Apostle's House shows the applicant is currently residing at their address in Newark, NJ.

8.  The official Birth Record provided by the applicant shows a G----- H------, Jr. was born on 21 April 1942 to G----- H------ and A--- M-----.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.


10.  Army Regulation 635-5 also established standardized policy for the preparation of the DD Form 214.  It stated, in effect at the time, that for:

	a.  item 1 (Last Name – First Name – Middle Name), enter last name, first name, and full middle name or names, in any.

	b.  item 30 (Remarks), enter the highest civilian education level attained as the first entry in this item when not adequately covered in item 25 (Education and Training Completed).  This information will be taken from DA Form 20 (Enlisted Qualification Record).

	c.  item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge), enter the permanent address for mailing purposes furnished by the individual at time of separation.  This should be the place of residence or forwarding address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his name is G----- H------, Jr. and not B---- G. H------; he has 2 years of college or 14 years of civilian education; and he moved from the address listed on the DD Form 214 over 30 years ago.

2.  The birth mother's name on the Birth Record and the mother's name provided at the time of the applicant's enlistment do not match.  Even if they did match, the applicant served under the name B---- G----- H------ for his entire period of service.

3.  A DD Form 214 is a static document.  His permanent address at the time of separation was in East Orange, NJ.  The fact he moved from this address does not change this fact.

4.  The applicant has provided no documentation that he currently has two years of college much less that he had this education at the time of his separation.

5.  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, civilian education, and permanent address 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, civilian education, and permanent address in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name, civilian education, and permanent address recorded in his military record and to satisfy his desire to have his correct name, civilian education, and permanent address documented in his OMPF.

7.  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.

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)                                         AR20090009602



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ABCMR Record of Proceedings (cont)                                         AR20090009602



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