BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100007382
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 his record be corrected to show his date of birth (DOB) as 18 January 1942 vice 18 January 1941 and that his last name be changed to Cxxx vice Cxxxxxx.
2. The applicant states that he did not know his last name and DOB were incorrect until he received a copy of his birth certificate.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his birth certificate showing his last name at birth as Cxxx.
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. Records available to the Board indicate the applicant was inducted into the Army of the United States on 14 December 1966 under the last name of Cxxxxxx with the DOB of 18 January 1941.
3. The applicant's record contains a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 28 October 1968, which shows the last name Cxxxxxx and the DOB of 18 January 1941.
4. On 18 December 1968, the applicant was honorably released from active duty. The applicant's DD Form 214 reflects his name as Cxxxxxx and the DOB of 18 January 1941.
5. A Certificate of Military Service, dated 13 February 1996, was issued discharging the applicant from the Army of the United States effective
18 December 1968 under the last name of Cxxxxxx.
6. The applicant submitted a copy of a State of Texas Standard Certificate of Birth issued on 2 November 2006 which shows the last name of Cxxx and the DOB of 18 January 1942.
7. Army Regulation 635-5 (Separation Documents) 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 Soldier's 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. The evidence confirms the applicant served his entire military career between 1966 and 1968 under the last name of Cxxxxxx with a date of birth of 18 January 1941 and his DD Form 214 was completed accordingly.
2. 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, there is a reluctance 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 Army's records at this late date.
3. 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 DOB and last name will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the DOB and last name recorded in his military record and to satisfy his desire to have his correct DOB and name documented in his official military personnel file.
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) AR20100007382
3
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