IN THE CASE OF:	

		BOARD DATE:	      7 April 2009  

		DOCKET NUMBER:  AR20080019055 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as Murl, not Muriel. 

2.  The applicant states that he thinks the recruiter made a mistake.  He noticed this mistake at the time he went into the service, but his commander said that he could not change it.

3.  The applicant provides, in support of his application, a copy of his DD Form 214.

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 military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant's DD Form 214 shows:

	a.  that on 27 June 1949, he enlisted in the Regular Army for 3 years;

	b.  that his first name is Muriel;	

   c.  that  on 3 September 1952, he was honorably discharged after completing 3 years, 2 months and 5 days of creditable active duty service; and

	d.  that his signature on the form is illegible.

4.  A Medical Department Form 52b, dated in 1951 shows the applicant's first name as Muriel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show his first name as Murl. 

2.  The applicant has not provided any documentary evidence, such as a birth certificate, showing that his first name is anything other than Muriel.  Furthermore, he has not shown that the Army's records are indeed wrong. 

3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his correct name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting documents he provided will be filed in his reconstructed records.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his available military records and to satisfy his desire to have his correct name documented in his military records.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the above, the applicant’s request should be denied.

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)                                         AR20080019055



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ABCMR Record of Proceedings (cont)                                         AR20080019055



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