I SAMR-RB 5 July 2016 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20150011117 1. Reference the attached Army Board for Correction of Military Records of Proceedings, dated 31 May 2016, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending his DD Form 214 to show his name as ……and his birth year as 1941 as listed on the 1976 affidavit. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 4 November 2016. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011117 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011117 BOARD DETERMINATION/RECOMMENDATION: Notwithstanding the discussion, the Board finds there is insufficient evidence demonstrating the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011117 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 spelling of his middle name and the birth year on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, his certificate of live birth shows his birth year as 1941 and his middle name as “….,” whereas his DD Form 214 shows his birth year as 1942 and his middle name as “…….” 3. The applicant provides copies of a certificate of live birth and a 1976 affidavit amending his certificate of live birth. 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 Army National Guard on 12 July 1960. The typed name on his DD Form 4 (Enlistment Record) is shown as “D____ …..C____”; however, the signature on this form is shown as “D____ …..___. His birth year is shown as 1942. 3. He was ordered to active duty for training on 11 September 1960 and he was honorably released from active duty on 10 March 1961. His DD Form 214 shows his name as D____ …..C____ with a birth year of 1942. 4. All other documents in the available official military record utilize only an abbreviation of "C" for the middle name. 5. The original certificate of live birth shows the child's birth name as Ixxxx C____ with the mother's last name as …. The birth year is listed as 1941. 6. The affidavit shows the child’s birth name was corrected to be D____ ….. C____. The affidavit made other corrections to include correction of the father’s first name. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states to enter the service members name in all capital letters. DISCUSSION: 1. For historical purposes, the Army has an interest in maintaining the integrity 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. 2. However, it appears the applicant’s original certificate of live birth was not utilized at the time of the applicant’s enlistment, because the individual’s name is different than that listed in the military record. 3. The 1976 affidavit was issued correcting the applicant’s first name from I____ to D____ and his middle name to “….” which is his mother's maiden name. 4. The applicant's enlistment document shows his middle name as ….; however, he signed his middle name as “….. on his DD Form 4. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011117 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011117 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2