IN THE CASE OF:	     

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030472


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 amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to correct his name and date of birth (DOB).

2.  The applicant states his name is "Edward Travis Sxxxx," not "Travis Eddie Sxxxx," and his date of birth (DOB) is 26 March 1946, not 21 March 1946.

3.  The applicant provides his DD Form 214, his State of Georgia Certificate of Live Birth, and his social security card.

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.  On 9 January 1968, the applicant completed a DD Form 98 (Armed Forces Security Questionnaire) on which he recorded his name as "Travis Eddie Sxxxx." He authenticated this form by placing his signature in the appropriate place using this name.  

3.  On 9 January 1968, he was inducted into the Army of the United States (AUS).  His DD Form 47 (Record of Induction) shows:

* Item 1 (Last Name, First Name, Middle Name) shows his name as "Sxxxx, Travis Eddie"
* Item 5 (DOB) shows his DOB as 26 March 1946  

4.  The allied documents accompanying his DD Form 47, such as his Acknowledgement of Service Obligation, Standard Form (SF) 88 (Report of Medical Examination), and Special Orders Number 6, Armed Forces Examining and Entrance Station, dated 9 January 1968, show his name as "Sxxxx, Travis Eddie."  His SF 88 shows his DOB as 26 March 1946. 

5.  On 6 May 1968, he completed a DD Form 398 (Statement of Personal History), in which he recorded his name as "Travis Eddie Sxxxx."  He authenticated this form by placing his signature in the appropriate place using this name.  He also recorded his DOB as 26 March 1946.
  
6.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his full name as "Sxxxx, Travis E."  He authenticated this form on the date of its creation by placing his signature in item 47 (Signature of Individual), using the name "Travis E. Sxxxx."  Item 6 (DOB) of this form shows his DOB as 26 March 1946.

7.  His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his name as "Sxxxx, Travis Eddie," or "Travis Eddie Sxxxx."   When required by the form, he authenticated by placing his signature where necessary.  

8.  Most of the documents in his MPRJ reflect his DOB as 26 March 1946; however, his DOB is reflected as 21 March 1946 on several forms, including a DA Form 428 (Application for Identification Card), dated 27 September 1969, and the SF 88 and SF 93 (Report of Medical History), dated 11 October 1969, pertaining to his separation physical. 

9.  On 11 October 1969, he was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group to complete the remainder of his service obligation.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his name as "Sxxxx, Travis Eddie."  Item 9 (DOB) shows his DOB as 21 March 1946.  He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using the name "Travis E. Sxxxx."

10.  He provides his State of Georgia Certificate of Live Birth and his social security card, both issued on 6 November 2007.  Both documents show his name as "Edward Travis Sxxxx," and the State of Georgia Certificate of Live Birth shows his DOB as 26 March 1946.

11.  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.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to correct his name and DOB.

2.  The evidence of record shows upon his induction into the AUS, the applicant listed his name as "Travis Eddie Sxxxx."  This name is consistent with the full name found on the all of the documents contained in his MPRJ, throughout his entire period of military service.  He authenticated many documents by placing his full signature in the appropriate block, indicating his name was correct.  He did not use the requested name during his entire period of military service.  

3.  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 that he now desires to record his correct name throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant relief for this portion of this case.

5.  The evidence of record shows he predominantly used the requested DOB,   26 March 1946, throughout his entire period of military service.  Therefore, there is sufficient evidence to grant relief for this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the entry "21 Mar 46" and replacing it with the entry "26 Mar 46."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his name as "Edward Travis Sxxxx."



      ____________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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20100030472



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