IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100023676 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "A---nd" instead of "A---n."  He also requests correction of his date of birth from
"xx May 1943" to "xx August 1944."

2.  The applicant states that his last name is correctly spelled with a "d" at the end and his date of birth should be in August 1944, and not on that day in
May 1943.

3.  The applicant provides a copy of his birth certificate.

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 DD Form 47 (Record of Induction), dated 13 February 1969, show his last name as "A----n" and his date of birth as "xx August 1943."  He was inducted into the Army of the United States on 20 May 1969.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his last name as A---n.  This form also indicates his date of birth as "xx August 1943." Item 47(Signature of Individual) shows the applicant signed using the last name of A---n.

4.  The applicant's DD Form 398 (Statement of Personal History) shows his last name as "A---n" and his date of birth as "xx August 1943."

5.  A review of the applicant's entire military personnel file failed to produce a document showing his last name as anything other than "A---n."  With the exception of his DD Form 214 that shows his date of birth as "xx May 1943," the applicant's date of birth is consistently shown as "xx August 1943."

6.  He was honorably discharged on 22 November 1970.  He completed 1 year,
6 months, and 3 days of total active service.  The DD Form 214 he was issued shows his last name as "A---n" and his date of birth as "xx May 1943."  He signed this document using the last name of "A---n" and his date of birth on this document is inconsistent with all other documents in his records.

7.  The applicant has provided a copy of his Certificate of Birth, issued on 
2 September 2010, that shows his last name as "A---nd" and his date of birth as 
"xx August 1944."

8.  Army Regulation 635-5 (Personnel Separations - 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.  It states for:

* item 1 (Last Name, First Name, Middle Name), enter last name, first name, and middle name or names
* item 9 (Date of Birth), the entry is self-explanatory

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his last name as A---nd and his date of birth as xx August 1944.

2.  The applicant served in the Army of the United States using the name and date of birth currently recorded in his military records.  There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  Therefore, there is insufficient basis for granting this portion of his request.

3.  The applicant was inducted into the Army using a date of birth of xx August 1943.  With the exception of his DD Form 214, this date was consistently used throughout his record.  Even though the applicant's date of birth as shown on his
DD Form 214 is inconsistent with the remainder of his records, there is no apparent harm or injustice, and it should not be changed simply to make all entries consistent.

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.  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 last 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 correct last name, 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 last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.

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)                                         AR20100023676



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ABCMR Record of Proceedings (cont)                                         AR20100023676



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