RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070004991 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Larry C. Bergquist

Chairperson

Ms. Marla Troup

Member

Ms. Ernestine Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to the spelling of his last name with the 6th digit character as an "e" instead of an "i."

2.  The applicant states, in effect, that his last name is misspelled and that he discovered it while filing for VA (Veterans Administration) benefits.

3.  The applicant provides a copy of his Certificate of Live Birth in support of his request.

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's record contains a copy of his Standard Form 88 (Report of Medical Examination) and his SF 89 (Report of Medical History), dated 
21 October 1965, which were prepared prior to his enlistment.  These documents list the 6th character of his last name with an "e."

3.  The applicant's record shows he enlisted in the Regular Army on 3 December 1965.  The applicant successfully completed basic combat training at Fort Benning, Georgia, and was scheduled to attended advanced individual training at Fort Jackson, South Carolina, for training in military occupational specialty (MOS) 64A, Light Vehicle Driver.  

4.  The applicant served until he was honorably discharged from the service under the provisions of Army Regulation 635-205, paragraph 3, for not meeting medical fitness standards at time of enlistment or induction.  



5.  Item 1 (Last Name-First Name-Middle Name), of his DD Form 4 (Enlistment Record – Armed Forces of the United States), shows the 6th character of his last name with an "i."  At the time he authenticated his enlistment contract he signed, and used an "i" in conjunction with his last name. 

6.  A review of several source documents from his military personnel records show that he utilized an "i" in the 6th character of his last name.  In those cases where a signature was required, he spelled his last name with an "i" in the sixth character space.

7.  Item 1 (Last Name-First Name-Middle Name), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows his last name was typed with an "i" in the 6th character, but he authenticated his DD Form 214 by utilizing an "e" in the 6th character of his last name.

8.  The applicant provided a copy of a Certificate of Birth, issued on 14 January 1998, certified to be a true copy of the original record on 4 March 1946.  It identified a male registrant, his father and mother, with the same name as the applicant, written in cursive.  It is difficult to tell if an "i" or an "e" is used in the last names of the identified male registrant, his father, and mother, due to the cursive handwriting.  

9.  There is no evidence in the applicant's service personnel records to show he applied for a legal name change, of his last name, while he served on active duty. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served on active duty and for the most part spelled his last name with an "i" in the 6th character of his last name.  

2.  There is no evidence to show that he applied for a legal name change or that he resorted to the use of a singe way of spelling his last name while he served on active duty.  

3.  The applicant provided a copy of his Certificate of Birth, dated 14 January 1998, certified to be a true copy of the original record on 4 March 1946.  It identified a male registrant, his father, and mother, with the same name as the applicant's, written in cursive.  It was noted that it was difficult to tell if an "i" or an "e" was used in the last names of the identified male registrant, his father, and mother, due to the cursive handwriting.  This document is insufficient to support a change in the spelling of his last name.
4.  There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if his last name is not changed as requested by him.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created and under which the applicant served.

6.  The VA is a separate Government agency which acts independently of the Army.  Actions accomplished by the Army are of no force or effect within the VA. The applicant should contact the VA concerning having his name changed in his
VA records.

7.  The applicant's Certificate of Live Birth and a copy of this Record of Proceedings will be filed in his military records and will remain on hand for review by those having an official need to know.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_E.F.___   __T_____  __LB____  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.




_____Larry Bergquist_____
          CHAIRPERSON
INDEX

CASE ID
AR20070004991
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660318
DISCHARGE AUTHORITY
AR 635-205
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.