IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005505
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 first name to read Julius vice Junius on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests that the year of his birth be changed from 1947 to 1945.
2. The applicant states, in effect, it is not the same name or year of birth as shown on his certificate of birth.
3. The applicant provides his DD Form 214.
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 record shows he enlisted in the Regular Army (RA) on
6 August 1965.
3. His Official Military Personnel File (OMPF) contains:
a. a DD Form 4 (Enlistment Record - Armed Forces of the United States) which shows in:
(1) item 1 (Last Name - First Name - Middle Name), his first name as Junius; and
(2) item 15 (Date of Birth (DOB)), his year of birth as 1947.
b. a DD Form 398 (Statement of Personal History) which shows in:
(1) item 1 (First Name - Middle Name - Last Name), his first name as Junius; and
(2) item 5 (DOB), his year of birth as 1947.
4. On 2 January 1969, he was honorably released from active duty after completing 3 years, 4 months, and 26 days of active military service. This
DD Form 214 shows in:
a. Item 1 (Last Name - First Name - Middle Name), his first name as Junius;
b. item 9 (DOB), his year of birth as 1947; and
c. item 32 (Signature of Person Being Transferred or Discharged) shows he clearly authenticated his DD Form 214 using this same first name.
5. His record contains a National Guard Bureau Form 22 (Report of Separation and Record of Service), dated 10 December 1979, which shows in item 1 (Last Name - First Name - Middle Name), his first name as Junius; and item 4 (DOB), his year of birth as 1947.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states 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 preparation of the DD Form 214. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his DD Form 214 to show his first name as Julius and year of birth as 1945 is understood, the available evidence shows he entered, served, and was separated from active duty under the name and date of birth shown on his DD Form 214 and all other available documents in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Army's records by changing his first name at this late date.
3. This Record of Proceedings will be filed in his OMPF to provide clarity and to resolve any confusion that may arise regarding the difference in the first name he used when he served on active duty and the name he currently uses.
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 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) AR20140005505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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