IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090012373 


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 that item 1 (Last Name-First Name-Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show V**d**b****e, C****** H**** instead of B****e, C****** H**** V** D** and that his date of birth be changed from 22 September 1946 to 22 September 1949.

2.  The applicant states, in effect, that he noticed the error on his DD Form 214 when he received a copy from the National Personnel Records Center for his compensation claim for service connected disabilities.

3.  The applicant provides a copy of his birth certificate and a copy of his DD Form 214 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 provides a Birth Certificate from the Minnesota Department of Health, issued on 29 July 2002, which shows the applicant's name as "C****** H**** V**d**b****e" and his date of birth as "September 22, 1949."

3.  The applicant's DD Form 214 shows he entered active duty on 2 December 1968 and was honorably released from active duty on 7 July 1970.  Item 1 contains the entry "B****e, C****** H**** V** D**."  Further, item 9 (Date of Birth) contains the entry "22 September 1946."  The applicant signed the DD Form 214 with the signature "C****** H**** V** D** B****e."

4.  The applicant's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 December 1968, which contains in item 5 (Last Name-First Name-Middle Name) the entry "B****e, C****** H**** V** D**."  Item 21 (Date of Birth) contains the entry "22 Sep 46."  The applicant signed this document with the signature "C****** H**** V** D** B****e." affirming all entries have been correctly recorded.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name (Last, first, middle initial) and Service Number) the entry "B****e, C****** H. V. D."  Item 6 (Date of Birth) shows the entry "22 September 1946."  Item 47 (Signature of Individual) and item 48 (Date of Audit) show that the applicant last audited his record on 1 February 1970 and that he acknowledged that all items were correct on the DA Form 20 with the signature " C****** H. V. D. B****e."

6.  A DA Form 428 (Application for Identification Card), dated 6 December 1968, shows in item 1 (Last Name-First Name-Middle Name) the applicant's name recorded as "B****e, C****** H**** V** D**."  The applicant signed the application with the signature "C****** H. V. D. B****e."  Item 10 (Date of Birth) contains no entry.

7.  A subsequent DA Form 428, dated 5 July 1970, shows in item 1 the applicant's name recorded as "B****e, C****** H."  The applicant signed the application with the signature "C****** H. B****e."  Item 10 contains the entry "22 Sept 49."

8.  The applicant's records contain a VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 16 May 1969, which shows the applicant's name as "B****e, C****** H."  The applicant signed this document with the signature "C****** H. B****e."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon was complete and accurate as of that date.

10.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214 including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for item 1 state "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to change his name from "B****e, C****** H**** V** D**" to "V**d**b****e, C****** H****" and his birth date to 22 September 1949.

2.  The evidence of record shows the applicant enlisted and served using mainly the name "B****e, C****** H**** V** D**" or "B****e, C****** H." throughout his military career.  His service records are consistent with the name he used at that time.

3.  The evidence of record shows that the applicant's date of birth was recorded inconsistently on documents prepared at the time he enlisted and during his tenure in the Army.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Accordingly, the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this regard, the evidence shows the applicant's military service records reflect the under which he performed his military service.  Therefore, in the absence of a showing of material error or injustice, the applicant's military service records should not be changed as they relate to the applicant's name and date of birth.

5.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military records showing the name and birth date shown on the birth certificate he provided subsequent to his separation from the U.S. Army.
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)                                         AR20090012373



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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