BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009756 


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 the name and date of birth (DOB) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the information on his DD Form 214 was taken partly from his birth certificate and partly from his California driver’s license.  He claims upon induction, he was told to create a middle name so he gave his mother’s maiden name.  He further indicates his birth date was off by two days on the driver’s license he had when he was inducted.  He states the correct information his DD Form 214 should be the name and DOB on his current driver’s license which includes no middle name.  He claims he has been denied a benefits card from the Department of Veterans Affairs (VA) and without it he cannot prove he served in the military.   

3.  The applicant provides the documents listed in the “Supporting Documents Information” section of his application in support of his request.  

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 record shows the applicant was inducted into the Army of the United States on 14 August 1969.  The DD Form 47 (Record of Induction) lists the first and middle names he now claims are incorrect and the DOB he now claims is incorrect.  A DD Form 1584 (National Agency Check) prepared on 19 August 1969 also lists the first and middle names and DOB he now claims are incorrect.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) lists the first name, middle initial, and DOB he now claims are incorrect.  The majority of documents and orders in the record also contain the first name, middle initial, and DOB he now claims are incorrect.  This includes separation orders issued on 19 March 1971.  

4.  On 20 March 1971, the applicant was honorably released from active duty, in the rank of sergeant/E-5, after completing a total of 1 year, 7 months, and 7 days of active military service.  The DD Form 214 he was issued at the time lists the first and middle names and DOB he now claims are incorrect.  

5.  The applicant provides a Nevada driver’s license and a Naturalization Certificate that list the name and DOB he now claims are correct.  He also provides a copy of his birth certificate from Mexico written in Spanish.
 
6.  Army Regulation 635-5 (Separation Documents) 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.  The version in effect at the time of the 
applicant's discharge states the DA Form 20, along with all available documents in the official military personnel records, were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the name and DOB on his DD Form 214 has been carefully considered.  However, it is clear the applicant entered, served, and was separated from military service under the name and DOB he now claims is incorrect, as evidenced by entries on the DD Form 47 prepared upon his induction, the DD Form 1584, and DA Form 20 prepared upon his entry on active duty, and the majority of documents, including his separation orders, contained in the record.  

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, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his middle name as listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms the middle name shown on his birth certificate will be filed in his official record.  This should serve to clarify any questions or confusion in regard to the difference in the name and DOB recorded in his military records and those he now uses, and satisfy any documentary evidence of his service required by the VA.   

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)                                         AR20120009756



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ABCMR Record of Proceedings (cont)                                         AR20120009756



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