IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20100028895 


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:

* Middle name as Joseph instead of John
* His date of birth (DOB) as 30 March 1941 instead of 31 March 1941

2.  The applicant states, in effect, the middle name and DOB on his DD Form 214 are incorrect. 

3.  The applicant provides:

* His DD Form 214
* His Birth certificate
* Letters to and from the National Personnel Records Center

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 available records show he underwent a medical examination on 3 October 1963 in connection with his enlistment in the Ohio Army National Guard (OHARNG).  He listed his middle initial as "J" on this form.

3.  He enlisted in the OHARNG on or about 3 October 1963.  A copy of his enlistment contract is not available for review with this case.

4.  He entered active duty for training (ACDUTRA) on 6 February 1964.  He underwent a supplementary medical examination on 14 February 1964 and again listed his middle initial as "J."

5.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 310.10 (Field Artillery Crewman).

6.  On 16 June 1964, he underwent a separation physical at Fort Dix, NJ.  He listed his middle name as "John" and his DOB as 30 March 1941 on a Standard Form 89 (Report of Medical History).

7.  He was honorably released from ACUDTRA to the OHARNG on 3 July 1964.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as "John" and item 6 (DOB) shows his DOB as 31 March 1941.  The applicant authenticated this form by placing his signature in Item 32 (Signature of Person Being Transferred or Discharged) using his first name, middle initial "J," and his last name

8.  He provides a birth certificate that shows a name similar to his with a DOB of 30 March 1941.

9.  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.  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 applicant contends that his DD Form 214 should be corrected to show his middle name as "Joseph" and his DOB as "30 March 1941."

2.  The applicant's initial enlistment contract is not available for review with this case.  The available evidence contains selected documents that listed his middle initial as "J" and on one occasion his middle name as "John."  Additionally, one document listed his DOB as 30 March 1941 instead of 31 March 1941.  

3.  Although the middle initial "J" was used on several documents, it was listed as such because these documents did not necessarily require listing the complete middle name.  His DD Form 214, on the other hand, requires the listing of the complete middle name as well as the DOB. 

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 middle 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.  

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 middle 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 middle name and DOB recorded in his military record and to satisfy his desire to have his correct DOB 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)                                         AR20100028895



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028895



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1