IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120004548 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 August 1967 as follows:

* Item 1 (last Name - First name - Middle Name) - to show his middle name as "Westley" instead of "Worsely"
* Item 9 (Date of Birth (DOB)) to show his year of birth as 1943 vice 1942

2.  The applicant did not state any reasons for the above requests. 

3.  The applicant did not provide any evidence. 

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 enlisted in the Army National Guard (ARNG) on 11 November 1963.  Item 1 (Last name - First name - Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his middle name as "Worsely" and item 15 (DOB) listed the year of his DOB as 1942.  He signed this form using the middle name as it is listed on the DD Form 4.

3.  He entered active duty for training (ACDUTRA) on 26 February 1964.  He completed the required training and he was awarded military occupational specialty 631.10 (Light Wheel Vehicle Mechanic).  

4.  He was honorably released from ACDUTRA on 27 July 1964.  His 
DD Form 214 for this period of service listed his middle name as "Worsely" and the year of birth as 1942.  

5.  He enlisted in the Regular Army (RA) on 31 August 1964.  Again, his 
DD Form 4 listed his middle name as "Worsely" and the year of his DOB as 1942.  He signed this form using the middle name that is listed on the form. 

6.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his middle initial as "W" and his year of birth as 1942.  He authenticated this form at a later date by placing his signature in the appropriate block. 

7.  Several documents in his service record listed his middle name as "Worsely" and/or his year of birth as 1942:

* DD Form 220 (Active Duty Report)
* Special Orders Number 158 (Enlistment order)
* 1AA Form 211 (Statements of Understanding of Enlistment Promises)
* DA Form 41 (Record of Emergency Data)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the middle name "Worsely" and listed the year of his DOB as 1942 upon his initial enlistment in the ARNG and upon his subsequent enlistment in the RA.  This middle name and year of birth are consistent with the middle name and year of birth on all official military records throughout his military service.  He authenticated several forms that contain this middle name and/or year of birth.  He did not use the middle name or the year of birth that he currently uses during his military service.

2.  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 record a different middle name and a different 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.  

3.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his middle name or his DOB at this late date.  Therefore, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120004548



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ABCMR Record of Proceedings (cont)                                         AR20120004548



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