IN THE CASE OF:  
                                          
		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140008375 


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 year of birth as 1943 instead of 1968
* his first name as "Roger" instead of "Rodgie"

2.  The applicant states the incorrect information concerning the year of his birth and his first name were due to clerical errors. 

3.  The applicant provides a birth certificate, State of Virginia (VA) Driver's License, and Medicare Health Insurance card.

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 was inducted into the Army of the United States on 29 August 1967.  His military personnel records file contains the following documents:

* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* DA Form 428 (Application for Identification Card)
* DD Form 1584 (National Agency Check Request)
* DA Form 20 (Enlisted Qualification Record)

3.  The above documents and all other documents contained in his records show his first name as "Rodgie" and those requiring a date of birth show his year of birth as 1943.

4.  The applicant served 1 year, 11 months, and 21 days on active duty and was honorably released from active duty on 19 August 1969.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name as "Rodgie." Item 9 (Date of Birth) of this form shows his year of birth as 1968.

5.  He provided a copy of his birth certificate, VA Driver's License, and Medicare Health Insurance card.  All documents provided show his first name as "Roger" and his driver's license and birth certificate show his year of birth as 1943.

6.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active service at the time of, release from active duty, retirement, or discharge. 

DISCUSSION AND CONCLUSIONS:

1.  It appears that 1943 was used as the applicant's year of birth throughout his military service.  His Record of Induction, Statement of Personal History, VA Driver's License, and birth certificate confirm his year of birth is 1943.  Therefore, he is entitled to correction of his DD Form 214 to show his correct year of birth.

2.  His military records show he served in the Army for almost 2 years with the first name of "Rodgie."  These documents include his Record of Induction, Statement of Personal History, Request for National Agency Check, and Enlisted Qualification Record.  Therefore, his first name on his DD Form 214 is correct as constituted. 

3.  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 he now desires to record his first name in his military records as it is listed on his driver's license and birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

4.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his first name recorded in his military record and to satisfy his desire to have his first name documented in his OMPF as it is listed on his birth certificate.

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 amending his DD Form 214 to show his year of birth as 1943 as it appears on his birth certificate.

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 first 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)                                         AR20140008375





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ABCMR Record of Proceedings (cont)                                         AR20140008375



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