IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130012274
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 social security number (SSN), his last name and the effective date shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his:
a. SSN is shown as XXX-49-XXXX and should be XXX-40-XXXX,
b.. last name is shown as "Quiqley" instead of "Higgins", and
c. his effective date is shown as "1966" instead of "1968."
3. The applicant provides a copy of his DD Form 214 and a State of New Jersey Birth Registration 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. On 22 November 1966, the applicant was inducted into the Army of the United States. His records show the use the SSN as XXX-40-XXXX on numerous documents throughout his military career. All of his documents record his last name as "Quigley."
3. There is no evidence the last name "Higgins" was ever used during his military career.
4. On 15 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group. The DD Form 214 issued at the time erroneously shows the effective date as 15 November 1966.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's SSN and effective date on his DD Form 214. It would be appropriate to correct these errors at this time.
2. The applicant's military service records show he served exclusively under the last name of "Quigley."
2. 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 it is understandable that the applicant now desires to record the first and middle names shown on his birth certificate 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 regarding the difference between the name recorded in his military records and the name shown on his birth certificate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X_ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the SSN to reflect XXX-40-XXXX as shown in his records and further amending his DD Form 214 to show the effective date of 15 November 1968.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his last name.
______ _ _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) AR20130012274
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ABCMR Record of Proceedings (cont) AR20130012274
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