IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000470
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 (Report of Separation from the Armed Forces of the United States) to show:
* the correct spelling of his first name as "Raul"
* his date of birth (DOB) as 29 July 1930
2. The applicant states:
* the first name is incorrect, the correct first name is Raul
* the DOB is incorrect, the correct DOB is 29 July 1930
* at the time of enlistment into the Army National Guard, he was using the first name of Ralph and the recruiter changed his DOB to qualify him for enlistment
* he was not required to produce a birth certificate
3. The applicant provides a copy of his 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. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was ordered to active duty from the Army National Guard on 1 September 1950. He served in Korea from 3 February 1952 to 22 May 1952. He was discharged on 16 June 1952.
4. His DD Form 214 shows in:
* item 1 (Last Name First Name Middle Name) his first name as Ralph
* item 10 (DOB) the entry "29 APR 29" (29 April 1929)
* item 48 (Signature of Person Being Separated) he clearly signed his first name as Ralph
5. He provides his birth certificate which shows his first name as Raul and his DOB as 29 July 1930.
6. Army Regulation 635-5 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. In pertinent part it states that the DD Form 214 is a synopsis of
the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service personnel records are not available. However, his
DD Form 214 shows he served on active duty from 1 September 1950 through 16 June 1952 and he served under the first name of Ralph with a DOB of 29 April 1929. By his own admission, this is the first name and DOB that he used during his period of service.
2. Although the birth certificate provided by the applicant shows his first name as Raul and his DOB as 29 July 1930, it appears he served in and was discharged using the first name of Ralph with a DOB of 29 April 1929.
3. 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 his correct last name and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms the first name and DOB that he currently uses will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion regarding the difference in the first name and DOB in his AMHRR and satisfy his desire to have the current first name and DOB documented in his AMHRR.
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) AR20130000470
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130000470
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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