IN THE CASE OF:  


		BOARD DATE:  20 January 2015	  

		DOCKET NUMBER:  AR20140010187 


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 the following corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Item 1 (Name (Last Name - First Name - Middle Name)) his first name as "Teddy" instead of "Ted"
* Item 9 (Date of Birth (DOB)) his DOB as "11 May 1949" instead of "10 May 1948"

2.  The applicant states his full first name and correct DOB should be shown on his DD Form 214.  The record is in error because at the time he used the nickname of "Ted" and he wanted to be a year older.  These are his mistakes.

3.  The applicant provides copies of his birth certificate and 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 provide in the statute of limitations, the ABCMR has elected to conduct a


substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States (AUS) on 2 January 1968.  His records contain the following:

* DD Form 398 (Statement of Personal History), dated 27 December 1967, which lists his first name as "Ted" and his DOB as "10 May 1948"
* DD Form 47 (Record of Induction), dated 2 January 1968, which lists his first name as "Ted" and his DOB as "10 May 1948"
* DA Form 41 (Record of Emergency Data), dated 7 August 1969, which lists his first name as "Ted" and his DOB as "10 May 1948"
* DA Form 20 (Enlisted Qualification Record), dated 9 August 1969, which lists his first name as "Ted" and his DOB as "10 May 1948"

3.  He was released from active duty on 17 December 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group.  His DD Form 214 lists in:

* Item 1 - his first name as "Ted"
* Item 9 - his DOB as "10 May 1948

4.  Letter Orders Number 12-1324318, dated 19 December 1973, discharged him from the USAR effective 1 January 1974.  The orders list his first name as "Ted" and do not list his DOB.

5.  He provided a copy of a State of Tennessee birth certificate which identified an individual with first name of "Teddy" and the same last name of record as the applicant was born on "11 May 1949."  This certificate was altered on 8 April 1975 with correction of the spelling of the last name of the child and father of child.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 1 - would list the last name, first name, and full middle name or names, if any
* Item 9 - would list the DOB verified in the Soldier's record

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in AUS and USAR using the first name of "Ted."  He was inducted into the AUS using the DOB of "10 May 1948."  By his own admission, at the time he used the nickname of "Ted" and he wanted to be a year older.  Therefore, there is no evidence his DD Form 214 contains errors in items 1 and 9.  They are properly listed with the first name and DOB he used at the time.

2.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

3.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record the full first name and DOB he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  A copy of this decisional document will be filed in his records to clarify the difference between his full first name and DOB currently used and the first name and DOB used during his period of service in the AUS and USAR.

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)                                         AR20140010187





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ABCMR Record of Proceedings (cont)                                         AR20140010187



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