IN THE CASE OF:	  

		BOARD DATE:  27 June 2013

		DOCKET NUMBER:  AR20120022215 


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) as follows:

* Item 1 (Last Name - First Name - Middle Name) – read L--, Macarthur NMN
* Item 9 (Date of Birth (DOB)) to show his year of birth as 1944 vice 1945

2.  The applicant states his birth certificate shows the correct information. 

3.  The applicant provides his DD Form 214 and a birth certificate. 

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).  He did not list his DOB but listed a full name that contains the first name "Douglas" and the middle name "Macarthur."  He authenticated this form with his signature using this full name.  

3.  He was inducted into the AUS on 8 December 1967.  His DD Form 47 (Record of Induction) listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945.  

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his first name as "Douglas," his middle initial as "M," and his year of birth as 1945.  He also authenticated this form at a later date by placing his signature in the appropriate block using this name. 

5.  Several documents in his service record listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945:

* DD Form 1584 (National Agency Check Request)
* DA Form 41 (Record of Emergency Data)
* Separation orders
* Report of Medical Examination
* Report of Medical History
* Clinical records 

6.  He was honorably released from active duty on 12 July 1969.  His DD Form 214 shows in:

* Item 1, his first name as "Douglas" and his middle name as "Macarthur"
* Item 9, his year of birth as 1945

7.  He provides a birth certificate of an individual with the first name of "Macarthur," no middle name is listed, and the year of birth is listed as 1944.

8.  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 first name "Douglas," the middle name "Macarthur," and the year of birth as 1945 upon his induction into the AUS.  His first and middle names as well as his year of birth are consistent with the first/middle names and year of birth on all official military records throughout his military service.  He authenticated several forms that contain this first/middle names and/or year of birth.  

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 first/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 first/middle names 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 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)                                         AR20120022215



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ABCMR Record of Proceedings (cont)                                         AR20120022215



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