IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014685
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 show:
* he has no middle name
* his date of birth (DOB) as 2 July XXXX instead of 4 July XXXX
2. The applicant states he does not have a middle name and his DOB is also incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and Certification 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. Item 1 (FIRST NAME - MIDDLE NAME - MAIDEN NAME (If any) - LAST NAME) of his DD Form 398 (Statement of Personal History) completed at the time of his enlistment processing shows his middle name as "Curtis." Item 5 (DOB) of his form lists 4 July XXXX.
3. The applicant enlisted in the U.S. Army Reserve (USAR) on 15 October 1976. Item 5 (LAST NAME - FIRST NAME - MIDDLE NAME) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his middle name as "CURTIS." Item 21 (DOB) shows the entry 4 July XXXX.
4. On 27 February 1977, the applicant entered active duty training and he was honorably released from active duty training on 4 September 1977. Item 1 (LAST NAME - FIRST NAME, MIDDLE NAME) of his DD Form 214 shows his middle name as "CURTIS" and item 4 (DOB) lists 4 July XXXX.
5. The applicant provides a copy of his Certification of Birth. This document does not list a middle name for the applicant. In addition, the form lists the applicant's DOB as 2 July XXXX.
6. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his DD Form 214 to show no middle name and his DOB as something other than what is listed, all of the documents in his available military records show he served using the same middle name and DOB that are listed on his DD Form 214 throughout his tenure of service.
2. The available evidence does not show he used the DOB or the name listed on his certification of birth during his military service.
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 the applicant desires to now record his name and DOB as something other than what is listed in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20140014685
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ABCMR Record of Proceedings (cont) AR20140014685
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