IN THE CASE OF:  
  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140014153 


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 military records to show that his first name is "Henry" not "Harry."

2.  The applicant states when he enlisted he was asked what name he was called by, not what his real name was.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), social security card, driver's license, and birth certificate all showing a first name of "Henry."

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.  On 28 March 1969, the applicant enlisted in the Regular Army using the first name "Harry."  He exclusively used this first name during his period of active service.  At the time of enlistment, he submitted a transcript from a private high school which shows he went to high school under this first name.

3.  On 3 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 lists his first name as "Harry."  He completed 3 years and 6 days of active service.

4.  Army Regulation 635-5, in effect at the time, prescribed the separation documents to be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active service.  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.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to have his military records reflect the current first name that he uses; however, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

2.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and the first name he currently uses.

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)                                         AR20140014153



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ABCMR Record of Proceedings (cont)                                         AR20140014153



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