IN THE CASE OF:	 

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019976 


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) to show:

* His last name as "Blxxxxri" instead of "Grxxes"
* His date of birth (DOB) as XX September 1947 vice 1950
* His awards and decorations

2.  The applicant states his DD Form 214 should be changed on the grounds that his name has changed along with his true DOB.  He also states the medals should be added.  His service record should clear things up. 

3.  The applicant provides:

* Birth certificate
* Department of Veterans Affairs (VA) card
* State driving license
* Social security card
* DD Form 214
* VA pension letter
* Honorable Discharge Certificate
* VA Form 119 (Report of Contact)
* Letters from a civilian attorney to the National Personnel Records Center
* VA Certificate of Eligibility


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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he disclosed his last name as "Grxxes" and his DOB as XX September 1950.  He authenticated this form using this last name.

3.  He was inducted into the AUS on 14 July 1970.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) listed his last name as "Grxxes" and his DOB as "XX September 1950."

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as "Grxxes" and his DOB as "XX September 1950."  He authenticated this form at a later date by placing his signature in the appropriate block. 

5.  Several documents in his service record listed his last name as "Grxxes" and/or his year of birth as 1950:

* DA Form 428 (Application for Identification Card)
* Fingerprints Card
* DA Form 137 (Installation Clearance record)
* DA Form 41 (Record of Emergency Data)

6.  He served in Germany from on or about 13 April 1971 to on or about 17 July 1972.  He was honorably released from active duty on 23 February 1972.  His DD Form 214 shows in:

* Item 1 (Last Name, First Name, Middle Name) - his last name as "Grxxes"
* Item 9 (DOB) – "XX September 1950"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His service record does not contain special, general, or other orders awarding him any other individual or unit awards. 

8.  He provides:

	a.  Birth certificate that contains the name of an individual with the last name "Baxxxxri" (the requested name) and the DOB as "XX September 1947" (the requested DOB). 

	b.  VA card, social security card, and state driving license listing an individual with the last name as "Blxxxxri" and the year of birth as 1947.

	c.  VA pension letter, dated 1 December 2011, addressed to an individual with the last name "Blxxxxri."

	d.  An Honorable Discharge Certificate, dated 13 July 1976, listing the last name as "Grxxes." 

	e.  VA Form 119, dated 29 October 2007, that states the investigation was complete and the individual with the last names of "Grxxes" and "Blxxxxri" is the same person.  

	f.  Multiple letters, dated 15 December 2008 and 15 August 2007, from a civilian lawyer to the National Personnel Records Center in relation to the applicant's claim for post-traumatic stress disorder. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the last name "Grxxes" and the DOB "XX September 1950" upon his induction into the AUS.  This last name and year of birth are consistent with the last name and year of birth on all official military records throughout his military service.  He authenticated several forms that contain this last name and/or year of birth.  He did not use the last 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 last 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.  

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 last name or his DOB at this late date.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  Although the applicant did not specify which individual and/or unit awards he requests, an audit of his service record failed to reveal any additional awards, decorations, citations, or badges other than those already listed on his DD Form 214.  If the applicant can produce official orders for individual awards or establishes his eligibility for any unit awards, he may resubmit his application to this Board. 

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)                                         AR20120019976





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ABCMR Record of Proceedings (cont)                                         AR20120019976



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