IN THE CASE OF:	  

		BOARD DATE:  18 June 2013

		DOCKET NUMBER:  AR20120022005 


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 1 March 1962 as follows:

* change his name to "S____ R____ O'R____ V____-R____"
* change his year of birth to 1928
* change his place of birth to London, England, United Kingdom

2.  The applicant states he legally changed his name to his adopted father's surname of "O'R____" and his biological father's surname of "V____-R____."  He also wants his records to show his place of birth as London, England, United Kingdom.  His correct year of birth is 1928.  He wants all of his records to be in order when he dies.

3.  The applicant provides his:

* social security card issued on 26 April 2010
* New Mexico driver's license issued on 30 March 2012
* State of New Mexico voter's registration card issued on 10 May 2012
* U.S. Passport issued on 15 November 2012

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.  He was inducted into the Army of the United States on 18 June 1958.  His DD Form 47 (Record of Induction) shows:

* his name as "R____ P____ O'R____, Jr."
* his year of birth as 1938
* his place of birth as San Antonio, Cuba

3.  On 30 September 1958, he enlisted in the Regular Army for 3 years.  His records do not contain a discharge document for his service in the Army of the United States.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows:

* his name as "R____ P____ O'R____, Jr."
* his year of birth as 1938
* his place of birth as San Antonio, Cuba
* his prior service in the Army of the United States from 18 June 1958 to 29 September 1958

4.  On 1 March 1962, he was released from active duty.  His DD Form 214 shows:

* his name as "R____ P____ O'R____, Jr."
* his year of birth as 1938
* his place of birth as San Antonio, Cuba

5.  All documents contained in his Military Personnel Records Jacket (MPRJ) show his name as "R____ P____ O'R____, Jr."

6.  A DD Form 1343 (Notification of Change in Service Member's Official Record's) prepared on 15 January 1964 changed his official service records to show his place of birth as "Hoole Soole [properly known as Halle an der Saale], Germany."  The reason and authority for the change was cited as a copy of a baptismal certificate.  His year of birth was not changed.  A DD Form 215 (Correction to DD Form 214) was issued on 15 January 1964 reflecting this change.

7.  A second DD Form 215 was issued on 24 February 1964 correcting his place of birth to show "Haale Saale [properly known as Halle an der Saale], Germany."

8.  None of the documents submitted by the applicant shows his entire personal data exactly as he indicates he wants his DD Form 214 corrected to read.

* his social security card issued on 26 April 2010 shows his name as "S____ R____ O'R____ V____-R____"
* his driver's license issued on 30 March 2012 shows his name as "S____ R. V____-R____" (middle initial only, no suffix)
* his voter's registration card issued on 10 May 2012 show his name as "S____ O'R____ V____-R____" (no middle name or initial, no suffix)
* his U.S. Passport issued on 15 November 2012 shows his name as "S____ R____ O'R____ V____-R____"
* his U.S. Passport issued on 15 November 2012 shows his place of birth as the United Kingdom
* all of the documents show his year of his birth as 1928

9.  The DD Form 214 is the certificate of service issued upon a service member's discharge or release from a period of active Federal service.  It is issued for the period of active duty and lists all pertinent service information such as rank, date of rank, awards, special education and characterization of service as of the date of separation or discharge.

DISCUSSION AND CONCLUSIONS:

1.  All of his military records contained in his MPRJ show his name as "R____ P____ O'R____, Jr."  He states he legally changed his name; however, he provided no evidence as to when he accomplished this action.  A legal name change after separation from the Army does not justify compromising the integrity of the Army's records.

2.  He contends his year of birth shown on his DD Form 214 is incorrect by 10 years.  However, he provided no substantive evidence to corroborate his contention.  Although he submitted documents showing a different year of birth than that recorded on his DD Form 214, he has not produced substantiating evidence of documentation that he submitted to show proof of his date of birth at the time his military records were prepared.

3.  Soon after he was released from active duty his requested correction of his records to show his place of birth as "Haale Saale, Germany."  He provided no evidence to show why his place of birth should now be changed to London, England, United Kingdom.

4.  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.

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)                                         AR20120022005



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022005



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1