IN THE CASE OF: BOARD DATE: 7 July 2015 DOCKET NUMBER: AR20140020705 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Nykola" instead of "Nycola." 2. The applicant states his middle name is misspelled. 3. The applicant provides a copy of his birth certificate and 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 enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 17 December 1969. Item 5 (Last Name-First Name-Middle Name) of his DEP DD Form 4 (Enlistment Contract) listed his middle name as "Nycola" (the letter "c" in the third place). He authenticated this form with his signature using this middle name. 3. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History). He listed a full name that contains the middle name "Nycola" (the letter "c" in the third place). He authenticated this form with his signature also using this middle name. 4. He was discharged from the DEP on 26 January 1970 and enlisted in the Regular Army on 27 January 1970. His RA DD Form 4 also listed his middle name as "Nycola." He authenticated this form with his signature using this middle name. 5. Several documents in his service record listed his middle name as "Nycola": * DD Form 1584 (National Agency Check Request) * DA Form 2784 (Request for and Results of Personnel Security Action) * SGLI Election Certificate * Separation orders * Report of Medical Examination * Armed Forces Fingerprint Card 6. He was honorably released from active duty on 26 January 1973. His DD Form 214 shows in Item 1 (Last Name-First Name-Middle Name) his middle name as "Nycola" (the letter "c" in the third place). 7. He provides a birth certificate that lists his middle name as "Nykola" (the letter "k" in the third place). 8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant used the middle name "Nycola" upon his enlistment in the DEP and the RA. This middle name is consistent with the middle name on all official military records throughout his military service. He authenticated several forms that contain this middle name. He did not use the middle name "Nykola" during his military service. 2. 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 now record a different middle 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. 3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his middle name. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief. A copy of this decisional document will be filed in his military record. This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military records. 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) AR20140020705 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140020705 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1