IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120013077 


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Thomas" instead of "Tom."

2.  He states that all throughout his growing years, he had always known his name to be "Tom" and was called such.  Therefore, he continued to use the name "Tom" when he enlisted in the military and until his release, signing his DD Form 214 as "Tom J. C____."  As an 18-year old young man, joining the military was his dream and because he had been known only as "Tom" he completed his application using the first name "Tom."  He is somewhat puzzled because the recruiter himself did not even notice this problem upon submission of his birth certificate.  He never changed his first name; it was always "Thomas."

3.  He provides a certified copy his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110008132 on 29 September 2011.

2.  His statement in his request for consideration is a new argument which warrants reconsideration of his request.

3.  He enlisted in the Regular Army on 23 July 1980.  He was awarded military occupational specialty 63B (light vehicle/power generation mechanic).

4.  His Army Military Human Resource Record (AMHRR) (formerly known as official military personnel file) contains the following documents that show his first name as "Tom."

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* DA Form 428 (Application for Identification Card)
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 31 (Request and Authority for Leave)
* reassignment, promotion, and release from active duty orders

5.  He was released from active duty on 22 July 1984.  His DD Form 214 shows his first name as "Tom."  He authenticated his DD Form 214 with his signature using the first name "Tom."

6.  There is no evidence in his AMHRR showing he served under the first name "Thomas."

7.  He provides his birth certificate which shows his first name as "Thomas."

8.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his first name as "Thomas" has been carefully considered.

2.  Notwithstanding the fact that his birth certificate shows his first name as "Thomas," the evidence of record shows he enlisted and served under the first name of "Tom" throughout his entire military career.  As stated in the previous consideration of his case, the Army has an interest in maintaining the accuracy of its records for historical purposes.  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.  While his desire to now record his current first name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  He has provided no new evidence or compelling argument that would serve as a basis for amending the Board's decision in ABCMR Docket Number AR20110008132, dated 29 September 2011.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110008132, dated 29 September 2011.



      _______ _  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)                                         AR20120013077



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ABCMR Record of Proceedings (cont)                                         AR20120013077



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