BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160002665 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ __x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160002665 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 with an effective date of 4 April 1970 to show his date of birth as shown on his DD Form 47 (Record of Induction). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the spelling of his middle name on his DD Form 214 with an effective date of 4 April 1970. ___________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. BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160002665 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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 4 April 1970: * Item 1 (Last Name-First Name-Middle Name) – change the spelling of his middle name to "Thurgood" * Item 9 (Date of Birth) – change to 19XX 2. The applicant states these errors cause confusion and delay the processing of the veteran's benefits. His record should be corrected to reflect the correct information. 3. The applicant provides: * birth certificate * DD Form 214 * letter, dated 7 January 2016, from National Personnel Records Center, St. Louis, MO 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. On 23 May 1968, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) shows his middle name spelled as "Thergood" and the date of his birth as 23 July 19XX. 3. On his Acknowledgement of Service Obligation, dated 23 May 1968, his middle name is shown as Thergood. The applicant signed his full name with his middle name as "Thergood." 4. The following documents in his Military Personnel Records Jacket (MPRJ) show his middle name as "Thergood": * Standard Form (SF) 88 (Report of Medical Examination) * DA Form 428 (Application for Identification Card) * DD Form 1584 (National Agency Check Request) 5. The SF 88 and DD Form 1584 show his DOB as 19XX. 6. The applicant provides his birth certificate issued by the Mississippi State Department of Health, Vital Records. His middle name is shown as Thurgood and his DOB is shown as 19XX. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's DD Form 47 shows his DOB as 19XX. Documents in his MPRJ show his DOB as 19XX. It appears an error was made when preparing his DD Form 214. 2. The applicant's middle name is shown as "Thergood" on his DD Form 47 and on records throughout his MPRJ. On his Acknowledgement of Service Obligation, dated 23 May 1968, he signed his full name with his middle name as "Thergood." 3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should 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, there is a reluctance to recommend that those records be changed. 4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the spelling of his middle name as it is shown on his birth certificate, will be filed in his MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the spelling of his middle name recorded in his military record and to satisfy his desire to have the correct spelling of his middle name documented in his MPRJ. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002665 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002665 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2