IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130005497
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 the middle name and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his middle name should be "E____" and his DOB should be "22 May XXXX."
3. He provides no additional documentation in support of his application.
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. On 3 December 1963, the day prior to induction, he completed a DD Form 398 (Statement of Personal History). He entered his middle name as "D_____" and his DOB as "23 May XXXX." He signed the form using the name "V_____ D. H______."
3. On 4 December 1963, he was inducted into the Army of the United States. The DD Form 47 (Record of Induction) completed at that time shows his middle name as "D_____" and his DOB as "23 May XXXX."
4. On 18 November 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. His DD Form 214 shows the middle name as "D_____" and his DOB as "23 May XXXX."
5. His record is void of documentation showing he used another middle name or DOB during his Army service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the middle name of "D_____" and DOB that is listed on his DD Form 214.
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 desires to record the middle name and DOB he now uses 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. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion in regard to the difference between the middle name and DOB recorded in his military record and the middle name and DOB he now uses.
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) AR20130005497
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ABCMR Record of Proceedings (cont) AR20130005497
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