IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018411


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 removal of his middle name "Michael" from all of his service records.

2.  The applicant states at birth he had no middle name.  When he was confirmed by the church, he took the middle name of "Michael."  He did not realize that this was not a legal name.

3.  The applicant provides

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* State of New York Certificate of Birth
* Honorable Discharge Certificate

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.  When he registered for the Selective Service, the applicant used "Michael" as his middle name.  When he was inducted into the Army of the United States on 14 May 1969, he used "Michael" as his middle name.  All of his service records reflect "Michael" as his middle name.

3.  When the applicant was honorably separated on 16 April 1971, his DD Form 214 listed "Michael" as his middle name.  He signed his DD Form 214 using the middle initial "M."

4.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part 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.  It further state that the entry for block 9 (Last Name, First Name, Middle Name) to enter last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants to delete his middle name from his service records.

2.  While the applicant's evidence shows he never had a legal middle name, the evidence of record shows he enlisted and served using the middle name of "Michael" throughout his entire period of service.  His service records are consistent with the names he used at the time he served, as shown by his signature on the documents.

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, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct name in his military 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 evidence he provided, which confirms his lack of a middle name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the middle name as recorded in his military record and his desire to have his records corrected to show he has no middle name.

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)                                         AR20090018411



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018411



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1