IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20120022624
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:
* first name as Cxxnton vice Cxxmmie
* date of birth (DOB) as 26 November 19xx vice 27 November 19xx
2. The applicant states his DD Form 214 shows his first name as Cxxmmie but his first name on his birth certificate is Cxxnton. His DOB is also incorrect on his DD Form 214.
3. The applicant provides his DD Form 214, a birth certificate, his driver license, and his social security card.
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 records show he was inducted into the Army of the United States on 12 May 1965. The DD Form 47 (Record of Induction), which was completed upon his entry shows he used the first name "Cxxmmie" and the DOB "27 November 19xx." He was subsequently honorably released from active duty on 7 May 1967.
3. The DD Form 214 he was issued for this period of service shows his first name as Cxxmmie and his DOB as 27 November 19xx. He authenticated this DD Form 214 by placing his signature in the appropriate block on 7 May 1967.
4. In conjunction with his enlistment in the Regular Army (RA), he completed a DD Form 398 (Statement of Personal History) on 29 June 1967 wherein his listed his first name as Cxxmmie and his DOB as 27 November 19xx. He authenticated this form by placing his signature in the appropriate block on that date.
5. He enlisted in the RA on 30 June 1967. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 30 June 1967, shows his first name as Cxxmmie and his DOB as 27 November 19xx. He authenticated this form by placing his signature in the appropriate block on that date.
6. His records contain several orders, personnel, legal, and medical documents, to include his DA Form 20 (Enlisted Qualification Record), that show his first name as Cxxmmie and his DOB as 27 November 19xx.
7. He was honorably released from active duty on 29 June 1971 and transferred to the U.S. Army Reserve.
8. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued for this period of service shows his first name as Cxxmmie and his DOB as 27 November 19xx.
9. The applicant provides a State of Georgia Certificate of Birth, dated 6 March 1944, that shows his first name as Cxxnton and his DOB as 26 November 19xx.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon the applicant's induction in the Army, he listed his first name as Cxxmmie and his DOB as 27 November 19xx. This first name and DOB are consistent with the first name and DOB that he used throughout his military service in the RA and is the first name and DOB that is shown on his DD Form 214 for the period ending 7 May 1967. He authenticated several documents by placing his signature in the appropriate block indicating this first name and DOB were correct. He did not use the first name or DOB that he now claims that are correct during either period of his military service.
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 that the applicant now desires to record a different first 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.
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) AR20120022624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120022624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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