IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120004918 


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:

   a.  correction of the spelling of his first name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 May 1972; and
   
   b.  his date of birth (DOB) in item 9 (DOB) of this DD Form 214 be changed to show 9 June xxxx.

2.  The applicant states:

* his first name is Neil not Neal
* his DOB is 9 June xxxx not 7 June xxxx 

3.  The applicant provides:

* Birth certificate 
* DD Form 214

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 DD Form 398 (Statement of Personal History), dated 
10 February 1968, shows his first name as Neal and his DOB as 9 June xxxx.

3.  He enlisted in the Regular Army on 13 February 1968 for a period of 3 years.  He served as a general wheel vehicle repairman and was honorably discharged on 29 April 1969 for immediate reenlistment.

4.  Item 1 of his DD Form 214 for the period ending 29 April 1969 shows his first name as Neal and a legible signature in item 32 (Signature of Person Being Transferred or Discharged).  Item 9 shows he was born on 9 June xxxx. 

5.  He reenlisted on 30 April 1969 for a period of 3 years.  On 5 May 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.

6.  Item 1 of his DD Form 214 for the period ending 5 May 1972 shows his first name as Neal and a legible signature in item 32.  Item 9 (DOB) shows he was born on 7 June xxxx. 

7.  All his service personnel records show his first name as Neal. 

8.  He provided his birth certificate which shows his first name as Neil and his DOB as 9 June xxxx.

9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of 
the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 9 June xxxx and his DD Form 398, DD Form 214 for the period ending 29 April 1969, and birth certificate support this contention.  Therefore, it would be appropriate to correct item 9 of his DD Form 214 for the period ending 5 May 1972.

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 actually 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.  

3.  All of his service personnel records show his first name as Neal.  It appears he appropriately served on and was released from active duty under the first name of Neal.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s DD Form 214.  

4.  The applicant is advised that a copy of this decisional document, which confirms his correct first name, will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion regarding the difference in the first names in his AMHRR and satisfy his desire to have his correct first name documented in his AMHRR.

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 the entry in item 9 of his DD Form 214 for the period ending 5 May 1972 and adding the DOB as it is listed on his birth certificate.
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 amending his first name on his DD Form 214 for the period ending 5 May 1972.  




      __________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)                                         AR20120004918





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ABCMR Record of Proceedings (cont)                                         AR20120004918



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