IN THE CASE OF:

		BOARD DATE:  10 October 2013

		DOCKET NUMBER:  AR20130002919 


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 the name and date of birth (DOB) shown on the DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states the name and DOB shown on the DD Form 214 are incorrect.  When he entered the military he did not have a birth certificate with his real name.  In order for him to obtain proper veteran's benefits he thinks his record should be accurate.

3.  The applicant provides copies of a DD Form 214, a social security card and a Certification of Birth issued by the Louisiana Office of Public Health.

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.  The applicant was inducted into the Army of the United States on 13 February 1964.  

3.  He was discharged under honorable conditions on 2 March 1966.  His 
DD Form 214 shows the name as "Thomas, J____ R." and the DOB is listed as 
"."

4.  The available records show the applicant used the name and DOB as shown on his DD Form 214 throughout his active duty service.  There are no records showing he used the name and DOB is now contends is correct during his active duty service.

5.  The applicant submitted copies of a social security card showing the same social security number as listed on the DD Form 214, and his birth certificate showing the last name of "Tomas, J____" and DOB of "."

6.  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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

The available records show he used the name and DOB as shown on his 
DD Form 214 throughout his active duty service.  In the absence of compelling information to the contrary, there is an insufficient basis for changing the applicant's name and DOB on that form.

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)                                         AR20120022215



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ABCMR Record of Proceedings (cont)                                         AR20130002919



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