IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021077
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 December 1966 be changed to show his first name as P______e instead of P___y and his date of birth (DOB) changed to show 14 August 1942 instead of 13 August 1942.
2. The applicant states he had been told his name was P___y all of his life and it was not until he went to renew his driver's license in another state and had to show his birth certificate that he realized his first name was P______e and his DOB was 14 August 1942.
3. The applicant provides copies of a:
* birth certificate
* DD Form 214
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. A DD Form 47 (Record of Induction) shows M____o, P___y was inducted into the Army of the United States on 7 December 1964. The DOB shown on this document is 13 August 1942.
3. U.S. Army Recruiting Main Station, Pittsburgh, PA Special Orders Number 256, dated 7 December 1964, lists 18 individuals inducted on
7 December 1964. M____o, P___y is among those individuals listed.
4. A DA Form 20 (Enlisted Qualification Record) in the individuals' Military Personnel Records Jacket (MPRJ) identifies him as M____o, P___y. The form shows the DOB as 13 August 1942.
5. Documents throughout the MPRJ identify the individual as M____o, P___y. All documents that required a signature show he signed as P___y M____o. All documents that list a DOB show 13 August 1942.
6. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the individual was released from active duty on 1 December 1966 in the name of M____o, P___y with a DOB listed as 13 August 1942. The individual signed the DD Form 214 using the name that is listed.
7. The birth certificate submitted by the applicant shows P______e M____o was born on 14 August 1942.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his first name should be shown on his DD Form 214 as P______e instead of P___y and his DOB should be changed to show
14 August 1942 instead of 13 August 1942.
2. The birth certificate submitted by the applicant shows the name P______e M____o and the DOB as 14 August 1942.
3. All documents in the available MPRJ show the individuals' name as P___y M____o and he signed the documents using this name. All documents that contain a DOB show 13 August 1942.
4. There is no evidence the name in the MPRJ and the name on the birth certificate is one and the same person.
5. 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) AR20090021077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090021077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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