BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018073 


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 his name be changed to read B----n, E---e L-e instead of P------s, E---r on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests his name be changed to read E----e L-e B---n on his discharge certificates and Silver Star citation instead of E---r
P------s. 

2.  The applicant states he attempted to correct this error in September 1965 but was unable to do so.

3.  The applicant provides copies of his DD Form 214 for the period ending 
10 December 1969; a letter to him from the Office of the Adjutant General and the Adjutant General Center, Washington, DC, dated 28 June 1977; a Certificate of Live Birth, dated 15 March 1946; his orders for the award of the Silver Star, dated 26 August 1966; his General Discharge Certificate, dated 10 December 1969; his Honorable Discharge Certificate, dated 28 November 1966; his social security card, dated 3 March 2009; and his Arkansas Commercial Drivers License issued on 19 February 2008.

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 personnel records show he enlisted in the Regular Army on 5 August 1965 for a period of 3 years.  He immediately reenlisted on 
29 November 1966 for a period of 6 years.

3.  The applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) for his enlistment on 5 August 1965 shows he enlisted using the name
P------s, E---r.  He signed this document as E---r P------s.

4.  The applicant's DD Form 214 for the period ending 28 November 1966 shows his name as P------s, E---r.  He signed this document as E---r P------s.

5.  The applicant's DD Form 4 for his immediate reenlistment on 29 November 1966 shows he reenlisted using the name P------s, E---r.  He signed this document as E---r P------s.

6.  A DD Form 98 (Armed Forces Security Questionnaire), dated 11 January 1969, identifies the applicant as E---r P------s.  It also indicates his alias name as E---e B---n.  He signed this document as E---r P------s.

7.  A DD Form 398 (Statement of Personal History), dated 11 January 1969, identifies the applicant as E---r P------s.  It also indicates his alias name or changed name as E---e B---n.  He signed this document as E---r P------s.

8.  On 10 December 1969, the applicant was discharged from the Army.  His 
DD Form 214 for this period of service shows his name as P------s, E---r.  This DD Form 214 also shows his SSN as xxx-xx-7507.

9.  The Certificate of Live Birth submitted by the applicant, which he claims is his birth certificate, shows the child's name as E---e L-e B---n.  The social security card he submitted shows the SSN ***-**-7507 and the name E---e L-e B---b.

10.  The applicant's discharge certificates and his citation for the award of the Silver Star identify him as E---r P------s.


11.  A review of the applicant's entire Official Military Personnel File (OMPF) revealed the applicant was identified as E---r P------s throughout his entire period of service.  This review also revealed that any time the signed his name he signed as E---r P------s.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his name should be changed to read B---n, E---e L-e. instead of P------s, E---r on his DD Form 214.  He also contends his name should be changed to read E---e L-e B---n on his certificates and citation instead of E---r P------s.

2.  The applicant was enlisted, discharged, reenlisted, and discharged again using the name P------s, E---r.  His entire OMPF identifies him as P------s, E---r and any time the applicant signed his name he signed as E---r P------s.

3.  It appears the applicant is now using the name that appears on his claimed birth certificate.  While the applicant's desire to have his military records changed is understood, there is no basis for compromising the integrity of the Army's records.

4.  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.  While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

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

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 that 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)                                         AR20090018073



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ABCMR Record of Proceedings (cont)                                         AR20090018073



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