IN THE CASE OF:	  

		BOARD DATE:	    26 November 2013

		DOCKET NUMBER:  AR20130006145 


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 records to show his middle name as Kirkland instead of Keith and his birth year as 1933 instead of 1932.

2.  The applicant states he joined the Wyoming Army National Guard (WYARNG) on 13 September 1949 at age 16.  He did not like his middle name of Kirkland so he said it was Keith.  He was born in 1933, but he said he was born 1932 so he could join the WYARNG.

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 26 June 1951
* Army of the United States Honorable Discharge Certificate, dated 26 June 1951
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 26 June 1951
* WYARNG Honorable Discharge Certificate, dated 26 June 1951
* U.S. Armed Forces Institute Military Test Report, dated 28 June 1951
* Certificate of High School Equivalency, dated 31 December 1954
* Notification of Birth Registration
* Arizona Driver's License, issued 7 August 2012
* Social Security Card
* Medicare Health Insurance 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 complete military records are not available 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 to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the WYARNG on 13 September 1949.  He was inducted into the Army of the United States on 11 September 1950.

4.  He was honorably discharged from the Army of the United States and the WYARNG on 26 June 1951.  The DD Form 214, NGB Form 22, and Honorable Discharge Certificates the applicant submits show his middle name as Keith and his birth year as 1932.  The Notification of Birth Registration and driver's license he submits show his middle name as Kirkland and his birth year as 1933.

5.  A review of the available records fails to show the applicant ever used the middle name Kirkland while he was serving in the U.S. Army or the WYARNG.  There also is no evidence showing he declared 1933 as his birth year while he was serving in the U.S. Army or the WYARNG.

6.  Army Regulation 635-5 (Separation Documents) 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 preparation of the DD Form 214 and states 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 contentions have been noted and his supporting evidence has been considered.

2.  The available evidence shows the applicant served in the U.S. Army and the WYARNG under the middle name Keith and 1932 as his birth year.  There is no evidence in the available records to show he ever used the middle name Kirkland while he was serving in the U.S. Army or WYARNG.  There also is no evidence showing he declared 1933 as his birth year while he was serving in the U.S. Army or the WYARNG.

3.  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 the applicant's desire to record his proper middle name and year of birth in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the year of birth and middle name shown in his military records and to satisfy his desire to have his proper information documented in his military record.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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 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)                                         AR20130006145



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ABCMR Record of Proceedings (cont)                                         AR20130006145



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