IN THE CASE OF

		BOARD DATE:	    17 April 2014

		DOCKET NUMBER:  AR20130015012 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his:

* date of birth (DOB) as "1925" vice "1927"
* middle name as "Charles" vice "NMI [no middle initial]"

2.  The applicant states he is attempting to change his DOB and middle name on his DD Form 214 so that he can apply for further benefits.  He is nearing the end of his life and would like to have his DD Form 214 corrected.

3.  The applicant provides:

* Letter, dated 9 August 2013
* DD Form 214
* Copy of Birth Record

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 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.  A DD Form 214 and DD Form 215 (Correction to DD From 214) are the only documents remaining in the reconstructed record for review in this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 7 July 1955.  He held military occupational specialty 632.10 (Track Vehicle Mechanic).  This form lists his DOB as "1927" and his middle name as "NMI."  He was honorably discharged from active duty on 4 May 1957.

4.  His record contains a DD Form 215 which shows is middle name as "NMI" and corrected his DOB to "1925."

5.  He provided a copy of his birth record which contains a name similar to his and shows the middle name listed as "Charles."

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 the preparation of the DD Form 214.  It states that 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 was previously issued a DD Form 215 to correct his DOB; therefore, no further corrections are required with regard to this portion of his request.  A copy of the DD Form 215 will be provided to him.

2.  Unfortunately, his induction document is not available for review with this case.  It is unclear what middle name he used upon entering active duty.  However, the DD Form 214 in his record and his DD form 215 show his middle name as "NMI."   In the absence of his military records or at least his induction document it is presumed that the middle name shown on his DD Form 214 and DD Form 215 are correct. 

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 and DD Form 215 were correct at the time and there is an insufficient evidentiary basis for changing his middle name.

4.  Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different middle name recorded on his birth certificate.  Filing the Board's decisional document in his record will also guarantee the historical integrity of the applicant's military record.

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)                                         AR20130015012





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ABCMR Record of Proceedings (cont)                                         AR20130015012



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