IN THE CASE OF:	  

		BOARD DATE:	 31 October 2013 

		DOCKET NUMBER:  AR20130005336 


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 all of his military records to show:

* the spelling of his first name as Jxxxx vice Gxxxxx
* his date of birth (DOB) as 12 August 19XX  vice 10 August 19XX

2.  The applicant states he wants his name on his military records to reflect his birth name, as shown on his birth certificate.  When he entered the Army the only source document he had for his birth verification was his baptismal certificate.  After 50 years, he found out his DOB on the certificate is erroneous.  He always thought his DOB was 10 August 19XX because that was what he was told by his parents.  He recently requested a new birth certificate and found out his DOB is 12 August 19XX, a difference of 2 days.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), baptismal certificate, and certificate of birth.

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 conjunction with the applicant's entrance processing, he underwent a medical examination on 4 October 1971.  His Standard Form 88 (Report of Medical Examination), dated 4 October 1971, shows his first name as Gxxxxx and his DOB as 10 August 19XX.

3.  The applicant was inducted into the Army of the United States (AUS) on 28 June 1972.  His DD Form 47 (Record of Induction), dated 28 June 1972, shows his first name as Gxxxxx and his DOB as 10 August 19XX.

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his first name as Gxxxxx and his DOB as 10 August 19XX.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block.

5.  His records contain numerous orders, personnel, legal, and medical documents, to include two DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), that all show his first name as Gxxxxx and his DOB as 10 August 19XX.  He authenticated many of these documents by placing his signature in the appropriate block.

6.  He was honorably retired from active duty on 30 June 1996 in the rank of sergeant major and he was placed on the Retired List on 1 July 1996.  He completed 24 years and 3 days of creditable active service.

7.  Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows his first name as Gxxxxx and item 5 (DOB) shows his DOB as 10 August 19XX.

8.  The applicant provides a Government of Puerto Rico Certificate of Birth, issued on 9 January 2013, wherein it shows his first name as Jxxxx and his DOB as 12 August 19XX.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms that upon the applicant's induction in the AUS, his first name was listed as Gxxxxx and his DOB as 10 August 19XX.  This first name and DOB are consistent with the spelling of the first name and the DOB that he used throughout his military service.  He authenticated many documents by placing his signature in the appropriate block indicating this first name and DOB were correct.  He did not use the spelling of the first name or DOB that he now claims are during his active duty 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 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.

3.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the spelling of the first name and DOB recorded in his military record and to satisfy his desire to have the spelling of his first name and DOB that are listed on his certificate of birth documented in his AMHRR.

4.  In view of the foregoing, there is insufficient evidence to grant him relief in this case. 

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)                                         AR20130005336



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005336



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1