IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090016989 


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 that the spelling of his middle name be changed from Scott to Scot.

2.  The applicant states that his name is not spelled correctly in his military records.

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty) and a birth certificate showing his middle name as Scot.

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 show that he enlisted in the Regular Army on 1 July 1974.  His enlistment contract shows his middle name as Scott and he signed his middle name as Scott.

3.  Throughout the applicant's military records he signed his middle name as Scott.

4.  The applicant was honorably released from active duty on 30 June 1977.  His DD Form 214 shows his middle name as Scott and he signed the document as Scott.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained on those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant's case the records reflect the correct name under which military service was performed.

4.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.

5.  In view of the forgoing, there is no basis for granting the applicant's request.

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)                                         AR20090016989





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ABCMR Record of Proceedings (cont)                                         AR20090016989



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