IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20100029710
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 "Gxxxados" instead of "Gxxxdaos"
* Date of Birth (DOB) to show 12 Nxxxxxxx xxxx instead of 12 Jxxx xxxx
2. The applicant states the last name and DOB are incorrectly listed on his
DD Form 214.
3. The applicant provides his DD Form 214 and certificate of birth.
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. The applicants military 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 documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years on 5 November 1955. A copy of his DD Form 4 (Enlistment Document) or DD Form 398 (Statement of Personal History) which would have shown the last name and DOB he used upon his enlistment are not available for review with this case.
4. The applicants DD Form 214 also shows at the time of separation he held military occupational specialty 310.07 (Field Communications Crewman) and he was assigned to Fort Bragg, NC.
5. He completed 2 years, 11 months, and 29 days of creditable active service, of which 1 month and 22 days was foreign service.
6. His reconstructed record contains a copy of Special Orders Number 280, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, on 6 November 1958, releasing him from active duty, effective 7 November 1958. The orders listed his last name as "Gxxxxdes" (the letter "e" is the seventh digit).
7. On 7 November 1958, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his Reserve obligation. His DD Form 214 shows in:
* Item 1 (Last Name, First Name, Middle Name) "Gxxxdaos (the letters "a" and "o' are the sixth and seventh digits respectively)
* Item 6 (DOB) 12 Jxxx xxxx
8. He submitted a copy of his birth certificate, issued on 29 October 2001, which shows his last name as "Gxxxados" (the letter "o" is the seventh digit) and his DOB is shown as "12 Nxxxxxxxx xxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicants enlistment document is not available for review with this case. It is unclear what last name and DOB he used upon entering active duty. However, his reconstructed record contains a copy of a properly-constituted
DD Form 214 that shows his last name as "Gxxxdaos" and his DOB as "12 Jxxx xxxx." In the absence of his military records or at least his enlistment document it is presumed that the last name and DOB shown on his DD Form 214 are correct.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing his last name or DOB.
3. Nevertheless, a copy of this decisional document along with the application and documents the applicant provided will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different spelling of his last name and the DOB that are on his birth certificate. Filing the Board's decisional document in his record will also guarantee the historical integrity of the applicant's military record.
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) AR20100029710
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ABCMR Record of Proceedings (cont) AR20100029710
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