IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130013273
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 that his military records be corrected to reflect his name and date of birth (DOB) as those listed on his birth certificate.
2. The applicant states, in effect, that at the time he enlisted his birth certificate was not available and he used his Certificate of Baptism to enlist; however, he has since obtained a copy of his birth certificate and his name and DOB are different than those reflected in his military records.
3. The applicant provides copies of his birth certificate, Certificate of Baptism, and new Social Security 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 enlisted in the Regular Army on 27 June 1968 using the name and DOB contained on his Certificate of Baptism. He served through a series of continuous reenlistments. He also served tours in Korea, Vietnam, and Germany. On 25 April 1974, he was honorably discharged in pay grade E-6. He had served 5 years and 10 months of active service.
3. He enlisted in the U.S. Army Reserve (USAR) on 26 April 1974 and on 22 April 1978 he enlisted in the Texas Army National Guard (TXARNG), in both instances he enlisted using the name and DOB contained on his Certificate of Baptism. He was promoted to pay grade E-8 on 12 July 1981 and on 1 October 1993, he was honorably discharged from the TXARNG and he was transferred to the USAR Control Group (Retired).
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the 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 applicants official records shows he served his entire period of service using the name that is contained on his DD Forms 214.
2. Inasmuch as using a name other than ones legal name is not illegal, there appears to be no error or injustice in this case as the available records show that he served under the same name and DOB as indicated at the time of his enlistment.
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 name and DOB 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, previously known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the name and DOB recorded in his military record and to satisfy his desire to have the name and DOB listed on his birth certificate documented in his record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms
_______ _ _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) AR20130013273
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ABCMR Record of Proceedings (cont) AR20130013273
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