IN THE CASE OF:	  

		BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130018558 


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 records to show his true name and his service in the Republic of Vietnam (RVN).

2.  The applicant states he was adopted before he entered military service and his birth certificate had been amended.  As a result, he entered military service under the name "B---- R------ B--------"; however, that is not his proper name. After he was discharged from military service his name was officially changed to
"R------ A-----."  He also states he served in the RVN from 3 May 1967 to 2 May 1968 and from 20 November 1968 to 22 November 1969.  However, item 19 (Indochina or Korea Service Since 5 August 1964) of his DD Form 214 (Report of Separation from Active Duty) only shows his second tour of duty in the RVN.

3.  The applicant provides copies of:

* a court order
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* his DD Form 214
* extracts of his DA Form 20 (Enlisted Qualification 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.  A DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 
7 July 1965, shows the applicant's father (T----- T. B--------) certified:

* the applicant had no other legal guardian than his father
* he consented to the applicant's enlistment in military service
* the applicant's name (B---- R------ B--------) was verified by birth certificate

3.  A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Army National Guard (ARNG) on 7 July 1965.  It also shows in item 1 (Last Name - First Name - Middle Name) his name as "B---------, B---- R------."

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 6 June 1966, he was honorably released from active duty on 25 November 1966, and transferred to an ARNG unit.  It also shows in:

* item 1 (Last Name - First Name - Middle Name):  "B---------, B---- R------"
* item 21 (Signature of Member Being Separated), the applicant signed the document with his full name

5.  A DD Form 4 shows the applicant enlisted in the Regular Army (RA) on
1 February 1967.  It also shows in item 1 his name as "B---------, B---- R------."

6.  The applicant's DA Form 20 shows in:

   a.  item 1 (Name – Last, First, Middle Initial):  "B---------, B---- R", and

   b.  item 31 (Foreign Service):

* Vietnam – 3 May 1967 through 2 May 1968
* Vietnam – from 20 November 1968 through 22 November 1969

7.  The applicant was discharged from the RA on 29 November 1969.
8.  On 8 May 1978, the President, Army Review Boards Agency, notified the applicant that his case was reviewed under the Department of Defense, Special Discharge Review Program, and his discharge was upgraded under uniform standards to an under honorable conditions discharge.  Accordingly, his
29 November 1969 DD Form 214 was voided.

9.  The applicant was issued a new DD Form 214 that shows he entered active duty this period on 1 February 1967 and he was discharged under honorable conditions on 29 November 1969.  It also shows in:

* item 1 (Last Name - First Name - Middle Name):  "B---------, B---- R------"
* item 19:  "X" in the "Yes" block and the entry, "20 Nov 68 - 22 Nov 69"

10.  The applicant provides a copy of a State of Texas, County of McLennan, 
74th District Court, order that shows the applicant petitioned the court to change his Christian name of "B---- R------" to that of "R------," and his surname of 
"B---------" to that of "A-----."  It also shows the name change from "B---- R------
B---------" to "R------ A-----" was ordered, adjudged, and decreed by the court on 26 January 1970.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Section II (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It shows for:

* item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed

* item 19, for Vietnam service, place an "X" in the "Yes" block and give specific dates of service

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his true name and all of his service in the RVN.

2.  The evidence of record shows that upon enlistment in the ARNG the applicant's name (B---- R------ B---------) was certified by his father to be the applicant's birth name and the name was verified by his birth certificate.  The applicant enlisted in the ARNG and he subsequently enlisted in the U.S. Army using his birth name.

3.  The applicant's military service records clearly show his birth name and that he signed numerous documents using that name.  In addition, the applicant's birth name was consistently recorded in his official military service records, including on both of his DD Forms 214, when he was released from active duty and subsequently when he was discharged from the U.S. Army.

4.  The evidence of record shows the applicant's name was officially changed subsequent to his discharge from military service.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the name in his official military service records.

6.  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 the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

7.  Therefore, in view of the foregoing, there is an insufficient basis for changing the applicant's name in his military service records.  However, this Record of Proceedings will be filed in his Official Military Personnel File so a record of his current name will be available.

8.  Records show the applicant was credited with service in Vietnam from 3 May 1967 through 2 May 1968 and from 20 November 1968 through 22 November 1969.  However, his reissued 29 November 1969 DD Form 214 shows only his second period of Vietnam service.  Therefore, it would be appropriate to correct item 19 of his 29 November 1969 DD Form 214.

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:

   a.  deleting from item 19 of his reissued 29 November 1969 DD Form 214 the entry:  "20 Nov 68-22 Nov 69," and

   b.  replacing it with the entry: "3 May 1967-2 May 1968 and 20 Nov 68-22 Nov 69."

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 changing his 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)                                         AR20130018558



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ABCMR Record of Proceedings (cont)                                         AR20130018558



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