IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017257 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017257 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 22 May 1953 to show his name and date of birth as it is recorded on his birth certificate. ___________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017257 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 records to show his name as "William Asa XXXXXX" instead of "Asa William XXXXXX" and to show his date of birth (DOB) as instead of . 2. The applicant states his military records list his name as "Asa William XXXXXX" and his birthdate as . He states it was probably just a mistake made when he enlisted in the Army. 3. The applicant provides his certificate of birth and two DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 22 May 1950 and 22 May 1953. 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's complete records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His reconstructed record indicates he enlisted in the Regular Army on 23 May 1946 for a period of 3 years. His WD AGO Form 21 (Enlistment Record) shows his name as "Asa William XXXXXX" and his DOB as 15 October 1927. 4. On 12 January 1949, he submitted an Oath of Extension of Enlistment that extended his enlistment of 22 May 1946 to a period of 4 years. This document shows his name as "Asa William XXXXXX" and he authenticated this document using this name. 5. The Army honorably discharged him on 22 May 1950. Item 1 (Last Name – First Name – Middle Name) of the DD Form 214 issued for this period shows the entry "XXXXXX, Asa William." Item 10 (DOB) of this discharge document shows the entry "15 Oct 27." 6. His reconstructed record shows he reenlisted on 23 May 1950. His NME Form 4 (Enlistment Record – United States) shows his name as "Asa William XXXXXX" and his DOB is listed as 15 October 1927. His WD AGO Form 24A (Service Record) shows his name as "XXXXXX, Asa W." 7. The Army honorably discharged him on 22 May 1953. Item 1 of the DD Form 214 issued for this period shows the entry "xxxxxx, Asa William." Item 10 of this discharge document shows the entry "15 Oct 27." 8. The majority of the documents in his reconstructed record show his name as "Asa William XXXXXX" and his DOB as , except his Standard Form 88 (Report of Medical Examination), dated 21 May [year unknown] that shows his name as "William Asa XXXXXX" and his DOB as . 9. He provided his birth certificate which lists his name at birth as "William Asa XXXXXX" and his DOB as . REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. 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: 1. Although the majority of the documents in the applicant's reconstructed record indicates his name as "Asa William xxxxxx" and his DOB as , his Standard Form 88 shows his name and DOB as listed on his birth certificate. 2. It appears that an administrative error occurred when his name and DOB were recorded on both of his DD Forms 214. Therefore, it would be appropriate to correct his military record to show his name and DOB as recorded on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017257 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017257 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2