BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130014469 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1981:

* Item 1 (Name (Last, first, middle)) - remove the middle name "Theodore"
* Item 5 (Date of Birth) - change the year of his birth to 1944 

2.  The applicant states it was a mistake on his part.  He didn't check his 
DD Form 214.

3.  The applicant provides:

* DD Form 214 with a separation date of 30 November 1981
* Certificate of Live Birth issued by the State of Maryland, Department of Health and Mental Hygiene, Division of Vital Records
* Certificate of Live Birth issued by the Baltimore City Health Department
* Texas Driver License
* United States of America Passport 

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 28 June 1962, he was inducted into the Army of the United States.  On 
1 September 1962, he enlisted in the Regular Army.  He immediately reenlisted on 23 June 1964, 27 March 1970, and 29 December 1975.

3.  The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943":

* DD Form 47 (Record of Induction), dated 28 June 1962
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962
* DD Form 4, dated 23 June 1964
* DD Form 4, dated 27 March 1970
* DD Form 4, dated 29 December 1975
* DA Form 3713 (Data for Retired Pay), dated 5 October 1981
* DA Form 4240 (Data for Payment of Retired Army Personnel), dated 
17 November 1981

4.  On 30 November 1981, he was retired and placed on the Retired List the following day.  His DD Form 214 with a separation date of 30 November 1981 shows in:

* Item 1 - his name with the middle name "Theodore"
* Item 5 - his DOB with the year 1943

5.  He provides:

* birth certificates showing his name without the middle name "Theodore" and that he was born in 1944
* Texas Driver License, issued 5 January 2011, showing his name without the middle name of "Theodore" and his DOB with the year "1944"
* U.S. Passport, issued 1 March 2010, showing his name without the middle name "Theodore" and his DOB with the year "1944."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Records documenting his induction, enlistment, and three reenlistments show his name entered with the middle name "Theodore."  His DOB is shown as 1943 throughout his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).  He had sufficient time over a period of 20 years of active duty service to correct his name and DOB and he did not.  He again had the opportunity to make these corrections when completing the DA Form 3713 and DA Form 4240 in preparation for his retirement.  

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 now record the name and DOB listed on the birth certificates he provides 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 along with his application and the supporting evidence he provided, which confirms his name and DOB, will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in his name and DOB recorded in his military record and to satisfy his desire to have the name and DOB shown on his birth certificates documented in his AMHRR. 

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)                                         AR20130014469



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ABCMR Record of Proceedings (cont)                                         AR20130014469



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