IN THE CASE OF:	  

		BOARD DATE:	      17 April 2012

		DOCKET NUMBER:  AR20110019227 


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 records to show his correct name and date of birth (DOB).

2.  The applicant states information he gave at the time he entered military service was in error.  He recently received official records that show his correct full name and DOB.

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.  A DD Form 47 (Record of Induction) shows the applicant was inducted in the Army of the United States (AUS) on 25 January 1966.  It shows in:

* item 1 (Last Name - First Name - Middle Name):  "H----, J. J."
* item 5 (DOB):  "19 Dec 46"

3.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 27 January 1966; DA Form 20 (Enlisted Qualification Record), reviewed on
31 January 1966; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 24 January 1968, all show his:

* First Name, Middle Name, and Last Name):  "J. J. H----"
* DOB:  "19 December 1946"
* Signature on the documents:  "J. J. H----"

4.  In support of his application, the applicant provides a copy of a Texas Department of Health, Bureau of Vital Statistics, Standard Certificate of Birth, that shows in:

* item 2 (Full Name of Child):  "Jackson Joseph H----"
* item 7 (DOB):  "12/10 1946" (10 December 1946)

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It shows for:

* item 1:  Enter last name, first name, and full middle name(s), if any
* item 9:  Self-explanatory


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the name and DOB recorded in his military service records should be corrected because they do not correspond with the name and DOB on his birth certificate.

2.  The applicant's Certificate of Birth shows the name "Jackson Joseph H----" and a DOB of "10 December 1946."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his name was "J. J. H-----."  Thus, for reasons that are not known, the applicant chose to use the name "J. J. H-----."  In addition, he reported his DOB was "19 December 1946."

4.  The applicant's DD Form 398, DA Form 20, and DD Form 214 all clearly show that he signed the documents with his preferred name (i.e., "J. J. H-----").  In addition, the applicant's preferred first and middle names (initials) and his reported DOB were consistently recorded in his official military service records, including his DD Form 214 when he was honorably released from active duty.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name and DOB in his official military service records.

6.  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 first and middle names 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.  

7.  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 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 name and DOB recorded in his military record and to satisfy his desire to have his correct name and DOB documented in his OMPF.

8.  In view of the foregoing, there is no basis for granting the requested relief.


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)                                         AR20110019227



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ABCMR Record of Proceedings (cont)                                         AR20110019227



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