IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130011629
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 (Certificate of Release or Discharge from Active Duty) to show his middle name as "Airelainas" and his year of birth as 1955.
2. The applicant states his DD Form 214 incorrectly shows his middle name as "Alanders" and his year of birth as 1957.
3. The applicant provides a copy of his birth certificate showing his middle name as "Airelainas" and his year of birth as 1958.
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 enlisted in the Regular Army on 19 July 1977 for a period of 3 years, training as a cannoneer, and assignment to Fort Stewart, Georgia. At the time of his enlistment he provided a birth certificate as documentation and was enlisted with the middle name of "Alanders" and a year of birth of 1957. He completed his one-station unit training at Fort Sill, Oklahoma, and was transferred to Fort Stewart, Georgia.
3. He remained on active duty through a series of continuous reenlistments and was promoted to pay grade E-6 on 1 December 1985. He continued to sign his middle name as "Alanders" and record his year of birth as 1957.
4. On 6 October 1988, he was discharged under honorable conditions. He completed 11 years, 2 months, and 16 days of active service. His DD Form 214 shows his middle name as "Alanders" and his year of birth as 1957, the same as those reflected in his official records which include documents signed by the applicant.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's official records shows he served his entire period of service under the middle name and year of birth recorded on his DD Form 214.
2. Although not prohibited, the applicant has provided no explanation as to why he served under a middle name and year of birth that are different than those reflected on his birth certificate.
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 change his middle name and year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion regarding the difference in the middle name and year of birth recorded in his military records and to satisfy his desire to have the middle name and year of birth listed on his birth certificate documented in his records.
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) AR20130011629
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ABCMR Record of Proceedings (cont) AR20130011629
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