IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014849
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 and last name and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states:
* his first name and last names should be "Ben D----" and his DOB should be "24 October XXXX" vice 5 September XXXX
* his mother, who is uneducated and had him at home, does not know the real date of his birth, so according to the Navajo Nation Census Office, he was born on 24 October XXXX
3. He provides:
* Family Court documents from the Judicial District of Chinle, Arizona
* DD Form 214
* a Navajo Nation letter dated 27 September 2011
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. On 2 September 1970, the applicant was inducted in the Army of the United States. The DD Form 47 (Record of Induction) completed at that time shows his first and last name as "Bennie D----" and his DOB as "5 September XXXX."
3. On 29 March 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. His DD Form 214 shows the first and last name as "Bennie D---" and his DOB as "5 September XXXX." He personally signed his DD Form 214 with the signature "Bennie D---."
4. His record is void of documentation showing he used another first and last name or DOB during his Army service.
5. The applicant provides family court documents dated 26 July 1996 ordering his name changed to "Ben D----" and a letter from the Navajo Nation verifying his date of birth as 24 October XXXX.
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 used upon entry into the Service or legally changed during the Soldier's period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the name Bennie D--- and the DOB as listed on his DD Form 214.
2. In 1996, by court order his first name and last name were changed to
"Ben D-----" more than 20 years after his separation from the Army.
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 that the applicant desires to record the last name and DOB he now uses in his military records, 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 military personnel records. This should serve to clarify any questions or confusion in regard to the difference between his name and DOB recorded in his military record and the name and DOB he now 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 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) AR20130005497
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