RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 March 2004
	DOCKET NUMBER:   AR2003088393

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

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley Powell		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 his last name as "P_ _ _ _."

2.  The applicant states that he entered military service without his birth certificate and he told the U.S. Army that his name was "P_ _ _ _."  He states that his identification (I.D.) was a driver's license with the name of "M_ _ _ _ _."  He also states that he told "them" his correct name was "P_ _ _ _" but "they" would not accept this name.

3.  The applicant provides a copy of his DD Form 214; his Certification of Birth; his Department of Veterans Affairs I.D. card; his state of Illinois I.D. card; and his social security card.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 1 October 1976.  The application submitted in this case is dated 19 March 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 10 August 1976.  At the time of his enlistment processing, he completed his DD Form 4/1 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) to show his last name as "M_ _ _ _ _" in Block 1 (Name-last, first, middle).

4.  The applicant entered his last name as "M_ _ _ _ _" in block 1 on his DD Form 1966 (Application for Enlistment-Armed Forces of the United States).   Under item 23 of Section III (Verification of Personal Data) on the applicant's DD Form 1966, he indicated his name as shown on his birth certificate was 
"P_ _ _ _," but his preferred enlistment name was the same name as given in block 1.  He acknowledged that he had not changed his name through any court procedure and that he preferred to use the name by which he was known in the community as a matter of convenience and with no criminal or fraudulent intent.  He further acknowledged that he was the same person as the one whose name was shown in block 1 on the DD Form 1966.

5.  The applicant provided a copy of his Birth Certificate which shows his last name as "P_ _ _ _."

6.  The applicant was honorably discharged on 1 October 1976 under the Trainee Discharge Program.  His DD Form 214 shows his last name as 
"M_ _ _ _ _" in item 1 (Name-last, first, middle).  He authenticated his DD Form 214 indicating his last name as "M_ _ _ _ _."  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.

2.  Although the applicant's birth name is "P_ _ _ _," he appropriately served on and was discharged from active duty under the name "M_ _ _ _ _."  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so an additional record of his birth name will be on hand.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 October 1976; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 September 1979.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

SAC_____  SP______  BJE_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088393	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040309 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.