IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120002891
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 (Report of Separation from the Armed Forces of the United States) to show:
* His first name as "Nathan" instead of "Nathaniel"
* His date of birth (DOB) as 20 instead of 26 Jxxx 19xx
2. The applicant states his first name and DOB are incorrectly listed on his DD Form 214.
3. The applicant provides his birth certificate, social security card, and Certificate of Military Service.
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. The applicant's complete 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 his 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 entered active duty on 13 April 1954 in New Haven, CT. A copy of his enlistment contract which would have shown the spelling of his first name and the DOB he used upon his enlistment is not available for review with this case.
4. His DD Form 214 shows he was honorably released from active duty on 12 April 1956. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his first name as "Nathaniel" and item 10 (DOB) shows his DOB as 26 Jxxx 19xx. He authenticated this form by placing his signature in appropriate block using the first name "Nathaniel."
5. He provides:
* A Certification of Birth, dated (issued), 8 April 2008, which listed an individual with the same last name but with the first name as "Nathan" and the DOB of 20 Jxxx 19xx
* Social security card, dated (issued) 4 February 2011, which listed an individual with the same last name but with the first name as "Nathan"
* A certification of Military Service that listed his active service from 13 April 1954 through 12 April 1956 and the first name his "Nathaniel"
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review with this case. It is unclear what first name or DOB he used upon his induction/enlistment. However, his reconstructed record contains a copy of a DD Form 214 that shows his first name as "Nathaniel" and his DOB as 26 Jxxx 19xx. He signed this form using the first name "Nathaniel."
2. 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, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his first name and DOB differently in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. Therefore, absent 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 they were prepared and there is insufficient evidence to grant him relief in this case.
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) AR20120002891
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ABCMR Record of Proceedings (cont) AR20120002891
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