IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008011 


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 last name and date of birth (DOB) in his service records.

2.  The applicant states:

* his last name is spelled ******k
* his last name in his service records is spelled ******h
* his DOB is 10 August 1941
* his DOB in his service records is 8 October 1941

3. The applicant provides:

* his State of Alaska Birth Certificate Card
* his Social Security Administration, Social Security Card
* his State of Washington Identification 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.  A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted on 15 March 1962 for 6 years, with 3 years of service in the Alaska Army National Guard (AKARNG).  His last name is shown as ******h, and his DOB is shown as 8 October 1941.  His signature on this and other documents is illegible as to an "h" or a "k."

3.  A DA Form 20 (Enlisted Qualification Record) shows the applicant's last name as ******h, and his DOB is shown as 8 October 1941.

4.  There are 3 DD Forms 44 (Record of Military Status of Registrant) contained in the applicant's records.  These documents are dated and show:

* 24 May 1962			******h		8 October 1941
* 10 January 1967		******k		8 October 1941
* 16 February 1968	******h		8 October 1941

5.  Special Orders Number 217, State of Alaska, Department of Military Affairs, Office of the Adjutant General, Juneau, AK, dated 9 December 1966, discharged the applicant from the AKARNG using ******k as his last name.

6.  An NGB Form 22 (National Guard Bureau – Report of Separation and Record of Service) shows the applicant's last name as ******k and his DOB as 8 October 1941.

7.  On 16 February 1968, the applicant was discharged from the USAR using ******h as his last name.

8.  All of the documents submitted by the applicant show his DOB as 10 August 1941 and his last name as ******k.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show his DOB as 10 August 1941 and his last name as ******k.

2.  The applicant's records are uniform as to his DOB being 8 October 1941 and he signed various documents attesting to that DOB.
3.  The applicant's last name is shown on various documents as ******h or ******k.  His signature is illegible as to the last letter of his last name.

4.  The applicant has provided documents showing his DOB as 10 August 1941 and his last name as ******k.

5.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his last name as ******k and his DOB as 10 August 1941 in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

6.  The applicant is advised that a copy of this decisional document along with his application 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 and DOB recorded in his military record and to satisfy his desire to have his current last name and 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)                                         AR20110008011





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ABCMR Record of Proceedings (cont)                                         AR20110008011



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