RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 August 2007
      DOCKET NUMBER:  AR20070011517


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 correction of the first and middle names
recorded on his military record.

2.  The applicant states, in effect, that due to a clerical error that
occurred while he was in basic training, his first and middle names were
reversed and instead of Andrew Joseph, he was referred to as Joseph Andrew,
which is incorrect.  He states this can be seen by the signature he used on
his enlistment contract
(DD Form 4).  As a result, several awards he received were issued using the
incorrect first and middle names, which he also wishes to be corrected a
this time.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Army Commendation Medal (ARCOM)
Certificate; Honorable Discharge Certificate; Certificate of Appreciation;
Airborne Course Completion Certificate; DD Form 4; and United States Army
Reserve (USAR) Discharge Orders.

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 shows he enlisted in the Regular Army and
entered active duty on 27 June 1968.  Although he signed the DD Form 4
using the first name Andrew and middle name Joseph, Item 5 (Name) and Item
57 (Oath of Enlistment) of this same enlistment contract lists his first
name as Joseph and his middle name as Andrew.

3.  The Enlisted Qualification Record (DA Form 20) prepared on the
applicant on 3 July 1968, during his active duty processing, also lists his
first name as Joseph and his middle initial as A.
4.  The documents on file in the applicant's Military Personnel Records
Jacket (MPRJ), which includes court-martial orders, records of non-judicial
punishment, and award orders, all list his first name as Joseph and the
middle initial A. or middle name Andrew.

5.  On 7 October 1971, the applicant was honorably released from active
duty (REFRAD).  The separation document (DD Form 214) he was issued at the
time lists his first name as Joseph and middle name as Andrew in Item 1
(Name), and he authenticated this document with his signature, using the
first name Joseph and middle initial A. in Item 32 (Signature of Person
Being Transferred or Discharged).

6.  The record gives no indication that the applicant attempted to correct
his name while serving on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the first and middle names listed on his
award certificates and discharge orders be corrected was carefully
considered.  However, while the validity of the name he claims is correct
is not in question, the record shows he entered, served, and was separated
under the first and middle name listed on these documents.  Absent any
evidence to confirm he attempted to or that his name was corrected while he
was still serving on active duty, it is presumed he voluntarily chose to
serve using the first and middle name recorded in his military records.

2.  The Army has an interest in maintaining the accuracy 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.  Absent any evidence that he has actually suffered an injustice
based on the name recorded on his military records and on the specific
documents in question, there is appears to be no compelling reason to
compromise the integrity of the Army’s records to correct his name at this
late date.

3.  This Record of Proceedings, along with the applicant's application and
supporting documents will be filed in his military record in order to
provide clarity to any confusion that might arise regarding the difference
in his first and middle names.  Filing the Board’s decisional document will
also guarantee the historical accuracy of the applicant's military record
regarding the first and middle names under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PMS __  __REB__  __RCH __  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.




                                  _____Paul M. Smith_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011517                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/10/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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