BOARD DATE: 15 July 2014 DOCKET NUMBER: AR20130020851 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 military record to show his correct name. 2. The applicant states: a. in October 1967, he was transferred from one unit to another under the wrong name; b. between October 1967 and March 1969, he served both in the Kansas Army National Guard (KSARNG) and on active duty under the wrong name, as Byrxx Rxxxxx instead of Brxxx Rxxxxx; and c. the Army tried to change his rank, military occupational specialty (MOS), and tried to send him to Vietnam as the wrong person. 3. The applicant provides no additional documents with his application. 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 enlisted in the KSARNG on 21 March 1963, for a period of 6 years. The DD Form 4 (Enlistment Record) prepared during his enlistment processing and the DA Form 20 (Enlisted Qualification Record) completed upon his entry in the KSARNG lists the name that he claims is correct. 3. On 25 October 1963, he was ordered to active duty training (ADT) and upon its completion he was awarded MOS 631.10 (Wheel Vehicle Mechanic). On 24 April 1964, he was released from active duty (REFRAD) to the KSARNG. 4. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued him upon his REFRAD shows he completed 6 months of ADT. It also lists the name that he claims is correct and he authenticated this document by signing the same name in item 34 (Signature of Person Being Transferred or Discharged. 5. On 13 May 1968, the applicant reentered active duty and continued to serve until he was honorably REFRAD and transferred to the KSARNG on 20 March 1969. The DD Form 214 issued him at that time lists the name he claims is correct. 6. On 20 March 1969, the applicant was discharged from the KSARNG. The NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) issued him at that time confirms he completed 6 years of creditable military service and it also lists the name that he states is correct 7. All other documents filed in the applicant’s official military personnel file (OMPF) list the same name that he claims is correct and as listed on his DD Form 4 and his DA Form 20, at the onset of his military service. There are no documents in his OMPF that list the name "Brxxx Rxxxxx," which he claims is incorrect. 8. Army Regulation 635-5 at the time prescribed 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 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. The applicant contends his record should be corrected to properly list his name. However, the evidence of record confirms that the name that he claims is correct is the same name that is recorded throughout his OMPF from the time of his enlistment processing, upon his entry on duty in the Reserve and on active duty, and throughout his military service. There are no documents in his OMPF that list the name that he claims is incorrect. Inasmuch as the error that the applicant claims exists is not evidenced in his military record, no effective relief is warranted in this case. 2. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to his name, should it arise. 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) AR20130020851 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130020851 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1