IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023112 


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 to the name and date of birth (DOB) recorded on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states his first name as recorded on his DD Form 214 is incorrect.  It shows the name "Elmer"; however, it should be "Elmo."  He also states his DOB is shown as "27 January 1927"; however, it should be 30 May 1928" because he lied about his age to join the service.  He adds his first name was recorded incorrectly when he was inducted into the Army, but he was afraid to have it and his DOB corrected.

3.  The applicant provides copies of his DD Form 214, Certificate of Birth, and a Department of Veterans Affairs (VA) data printout.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient available documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States for a period of 2 years on 27 March 1952.  He was honorably released from active duty on 29 December 1953 and he was transferred to the U.S. Army Reserve West Virginia Military District to complete his Reserve obligation.  He completed 1 year and 9 months of net active service during this period with 9 months and 1 day of other service.  It also shows in:

	a.  item 1 (Last Name – First Name – Middle Name) – "E____ ELMER L____";

	b.  item 10 (DOB) – "27 Jan 27" [i.e., 27 January 1927]; and

	c.  item 48 (Signature of Person Being Separated) – the applicant signed the document as "ELMER L. E____."

4.  In support of his request, the applicant provides the following documents.

	a.  A Pike County Board of Education, Pikeville, KY, Certificate of Birth, shows the records in the office of the Superintendent of Pike County Schools reflect that "ELMO E____" was born on "May 30, 1928" and that the information was recorded in that office in 1944.

	b.  A VA data printout shows the applicant is registered with the VA as "ELMER L____ E____" with a DOB of "30 May 1928."  It also shows the applicant's prior name as "ELMER L. E____" with a DOB of "27 January 1927" and that:

		(1)  he entered the U.S. Navy on 15 November 1945 and was honorably released from active duty on 8 August 1946 and

		(2)  he entered the U.S. Army on 27 March 1952 and was honorably released from active duty on 29 December 1953.

5.  Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  The instructions for item 1 state to enter the name in all capital letters in the order shown and include abbreviations for junior, senior, second, etc., when appropriate and

	b.  The instructions for item 10 state "self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the first name and DOB shown on his DD Form 214 should be corrected because he lied about his age when he entered military service, he was afraid to correct the misspelling of his first name and his DOB, and they do not correspond with the first name and DOB shown on his birth certificate and VA records.

2.  Records show the applicant entered the U.S. Navy on 15 November 1945. Based on the DOB shown on his certificate of birth, this would have precluded him from entering military service at that time.  Thus, the sincerity of the applicant's contention that he lied about his age to enter military service is not in question.  In this regard, any correction of the applicant's military records pertaining to his service in the U.S. Navy should be directed to the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC  20370-5100.

3.  Records show the applicant was inducted into the Army of the United States on 27 March 1952.  At that time, the applicant's age was not a determinant of his eligibility for entry into military service because he was well over 18 years of age.  Thus, the applicant had no apparent reason to lie about his age or to be afraid to point out any error(s) in his name or DOB at the time he was inducted into the Army.

4.  The applicant's name on his birth certificate is recorded as "ELMO E___" which is distinctly different from the name in his Army records (i.e., "ELMER L____ E____").  However, VA records also show his registered name as "ELMER L. E____," along with the two different dates the applicant has claimed as his DOB.  

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant are insufficient evidence to warrant a change to his name and DOB in his Army service records, including his DD Form 214.

6.  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.  Thus, there is no basis for granting the applicant's request to change the first name and DOB in his Army records or on his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  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 first 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.

7.  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 name and DOB will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name and DOB recorded in his Army records and to satisfy his desire to have his correct name and DOB documented in his OMPF.

8.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20100023112



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ABCMR Record of Proceedings (cont)                                         AR20100023112



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