IN THE CASE OF:  


	BOARD DATE:  7 July 2015     

	DOCKET NUMBER:  AR20140020804


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) by showing after his name a "JR" vice "III."

2.  The applicant states that this mistake occurred at his birth.  His father was a "SR."

3.  The applicant provides copies of:

* DD Form 214
* Father's Death Certificate issued 19 August 1991
* Department of Veterans Affairs (VA) Healthcare Enrollee Card
* State of Florida Driver License, issued 16 January 2009
* Social Security Card

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 16 March 1976, the applicant enlisted in the U.S. Army Reserve using a name that showed he was the "III."  On 17 August 1976, he enlisted in the Regular Army using the same name, to include the "III" designation.

3.  A review of the applicant's military records revealed that every document contained therein requiring an entry of his complete name included the "III" designation.

4.  On 16 August 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows his full name including the "III" designator.

5.  The documents provided by the applicant show that his grandfather had a slightly different name.  The applicant has the same name as his father, who had a "SR" designation.

6.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The 
DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing after his name a "JR" vice "III."

2.  The available evidence clearly shows the applicant consistently used "III" with his name while in the military service.

3.  For historical purposes the Army has an interest in maintaining the integrity of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.



4.  The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record.

5.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140020804



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