BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023893 


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 this information in his military service records is in error. He states he was told if he tried to change his record while on active duty, "my record would be all messed up and I still believe that."  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 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 16 October 1962.

	a.  It also shows in:

* item 1 (Last Name - First Name - Middle Name):  "T----, R--- Elwood"
* item 15 (DOB):  "8 April 1945"

	b.  The applicant signed the document, "R---- Elwood T----."

3.  Six DD Forms 4 show the applicant reenlisted in the RA on 22 October 1965, 23 November 1970, 27 August 1973, 7 June 1979, 9 May 1985, and 5 November 1992.  All six forms show his:

* Name:  "T----, R--- Elwood"
* DOB:  "8 April 1945"

4.  Four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) document the applicant's discharge from the RA on 21 October 1965, 21 October 1968, 26 August 1973, and 6 June 1979.  All four forms show his:

* Name:  "T----, R--- Elwood"
* DOB:  "8 April 1945"

5.  The applicant was awarded military occupational specialty (MOS) 75Z (Personnel Sergeant) in 1974.

6.  He was promoted to sergeant major (SGM)/pay grade E-9 on 1 August 1991.

7.  In 1993, the applicant submitted his voluntary request for retirement and data for payment of retired pay.  The documents show his:

* Name:  "T----, R--- Elwood"
* DOB:  "8 April 1945"

8.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 7 June 1979 and he was honorably retired from active duty on 31 January 1994.

	a.  He completed 14 years, 7 months, and 24 days of net active service this period and 14 years, 6 months, and 20 days of total prior active service.


	b.  It also shows in:

* item 1 (Name - Last, First, Middle):  "T----, R--- Elwood"
* item 5 (DOB):  "450408" (8 April 1945)

9.  In support of his application, the applicant provides a copy of a Commonwealth of Kentucky, Department of Health, Bureau of Vital Statistics, Certificate of Live Birth, that shows in:

* item 3 (Full Name of Child):  "R---- Edward T----"
* item 8 (DOB):  "5-8-1945" (8 May 1945)

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File (OMPF).

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

	 	(1)  item 1, enter in all capital letters and include "JR", "SR", or "II" when needed; and

	 	(2)  item 5, from the ERB/ORB, enter six-digit number; year, month, and day without spaces or slashes.

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 "R----- Edward T----" and a DOB of "8 May 1945."
3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his name was "R---- Elwood T----."  Thus, for reasons that are not known, the applicant chose to use the name "R---- Elwood T-----."  In addition, he reported his DOB was "8 April 1945."

4.  All of the applicant's DD Forms 4 and DD Forms 214, spanning a period of more than 29 years, clearly show his preferred name (i.e., "R---- Elwood T-----") and that he signed the documents.  In addition, the applicant's preferred middle name (initial) and his reported DOB were consistently recorded in his official military service records, including on his DD Form 214, when he was honorably retired 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 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.  

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

8.  A copy of this Record of Proceedings will be filed in the applicant’s official military personnel file so a record of his current middle name and DOB will available.

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)                                         AR20110023893



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ABCMR Record of Proceedings (cont)                                         AR20110023893



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