IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003097 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the first and middle name reflected on his birth certificate.  He also requests that his month of birth be changed to April. 

2.  The applicant states that his DD Form 214 does not match the information contained on his birth certificate.

3.  The applicant provides a copy of his DD Form 214 and 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.  The applicant was inducted in Albuquerque, New Mexico using the first name of Uxbxxx and the middle name of Gxxcxxdax.  His month of birth was listed as April.

3.  He completed basic training at Fort Bliss, Texas and advanced individual training as a supply clerk at Fort Ord, California and he was transferred to Fort Hood, Texas.

4.  He was transferred to Vietnam on 6 October 1967 and served there until 
13 June 1968 when he was transferred to Fort Lewis, Washington and was honorably released from active duty (REFRAD) as an overseas returnee.  He signed his name as it is reflected on his records.  However, his first name was misspelled on his DD Form 214 as “Uxdxxx” instead of “Uxbxxx” and his month of birth was listed as “Mar” instead of “Apr.”

5.  The birth certificate provided by the applicant shows the applicant’s first and middle names are reversed in his military records.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted using the first name of “Uxbxxx” and served his entire period of service under that name; however, his DD Form 214 incorrectly reflects his first name as “UxDxxx.”  Accordingly, his DD Form 214 should be corrected to reflect the correct first name he served under by replacing the third letter with a “b” instead of a “d.”

2.  The applicant’s month of birth throughout his service was “Apr”; however, his DD Form 214 incorrectly reflects “Mar.”  Accordingly, his month of birth should be changed on his DD Form 214.

3.  While it is obvious that the applicant’s first and middle names are reversed on his DD Form 214, the applicant has offered no explanation as to why he served under a different name than his legal name.

4.  For historical purposes, the Army has an interest in maintaining the integrity 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 change his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  The applicant is advised that a copy of this decisional document which confirms the name he is currently using 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 recorded in his military record and to satisfy his desire to have his current name documented in his OMPF.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 his first name from block 1 of his DD Form 214 
* entering his first name as “Uxbxxx” in block 1 of his DD Form 214
* deleting his month of birth (Mar) from block 9 of his DD Form 214
* entering his month of birth as (Apr) in block 9 of his DD Form 214

2.  The Board further determined that 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 first and middle name to reflect the name contained on his birth certificate.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 



United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20120003097



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ABCMR Record of Proceedings (cont)                                         AR20120003097



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