MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            16 AUGUST 2001
	DOCKET NUMBER:   AR2001055899

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he utilized the last name of “D----” while on active duty vice “B------.”  He states, in effect, that he used his stepfather’s name and needs a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting that name.  He states that “B------” was his birth name.  When given an opportunity to further expand on his request and submit additional justification, the applicant provided a copy of his birth certificate.  

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

That he was inducted on 18 February 1966 under the name “B------” and signed that name on all of his entrance documents.  

His birth certificate indicates that his father’s name was Frank B------ and his mother’s name was Stella Murray B------.  His record of emergency data, completed as part of his entrance processing, indicates that his “father’s” name was James Edward D---- and his “mother’s” name was Evia Benemon D----.

Throughout the applicant’s military records his name was recorded as B------ and he signed that name on every document which required his signature.  He was honorably discharged on 24 January 1968 under the name B------ and authenticated his separation report with that name.

There is no evidence, and the applicant has not provided any, which confirms that he utilized the name “D----” while on active duty and as such there is no evidence of any error or injustice in his file which would serve as a basis to correct his record.  The fact that the applicant may now be using the name “D----” is not a basis to correct his military records.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 January 1968, the date the applicant was discharged and authenticated his separation report.  The time for the applicant to file a request for correction of any error or injustice expired on 24 January 1971.

The application is dated 10 October 2000 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__JH ___  __TFB  __  __JTM___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2001055899	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010816	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.