IN THE CASE OF:  

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140004534 


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 (Report of Separation from Active Duty) to correct his middle name and month of birth.
2.  He states his DD Form 214 should be corrected to show his:
* middle name as DO---- vice DAR----
* month of birth as October vice August 
3.  He provides his:
* DD Form 214
* Social Security card
* Certificate of Birth
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 records show he enlisted in the Regular Army on 28 July 1963.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows in:
	a.  item 1 (Last Name, First Name, Middle Name) the entry J-------, R------- DAR----; and 

	b.  item 15 (Date of Birth (DOB)) his month of birth as August. 
3.  His record contains:
	a.  an Acknowledgement of Service Obligation, dated 26 June 1963, which shows his middle name as DAR----.
	b.  a DA Form 398 (Statement of Personal History), dated 8 May 1965, which shows in:
		(1)  item 1 ((First Name, Middle Name, Last Name) the entry R------- DAR---- J-------; 
		(2)  item 2 (Alias (es), Nickname (s), or Changes in Names (Other than Marriage)) the entry R------- DO---- J-------; and 
	c.  item 4 (DOB) the month of birth as August.
4.  On 24 July 1967, he was honorably released from active duty after completing 3 years of active military service.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his name as J-------, R------- DAR----.  Item 9 (DOB) shows his month of birth as August.
5.  He submitted a:
	a.  Court Ordered Delayed Certificate of Birth, dated 28 April 1966, which shows his:
		(1)  name as R------- DO---- J-------; and

		(2)  month of birth as October.
	b.   a Social Security card which shows his name as R------- DO---- J------.
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 states, in pertinent part, 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.  The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  
DISCUSSION AND CONCLUSION
1.  While the applicant's desire to change his military records is understood, all of the documents in the applicant's record show his name as R------- DAR---- J------- and his month of birth as August, there is no evidence to show he ever used the name or month of birth he now requests.
2.  The fact that he provides evidence which shows his name and month of birth as something other than what is listed on his DD Form 214 is duly noted.  However, this does not change the conditions and circumstances that existed at the time his record was created.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record this name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document will be filed with his military records.  This should serve to clarify any questions which may arise regarding the different name recorded in his military records and to satisfy his desire to have this name and month of birth documented in his military records.
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)                                         AR20140004534





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ABCMR Record of Proceedings (cont)                                         AR20140004534



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