RECORD OF PROCEEDINGS


	IN THE CASE OF:	
				


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070011569 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camerella

Member

Mr. Rodney E. Barber

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 his military records be corrected to show his middle initial as "I.”

2.  The applicant states his legal middle initial is "I."  When he served in the Army, he used his baptismal name of "Peter" as his middle name.

3.  The applicant provides:

	a.  A copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty).

	b.  A copy of his Social Security Card showing his middle name as "Iosefo."

	c.  A copy of his Territory of Hawaii Birth Certificate showing his middle initial as "I."

	d.  A copy of his US Passport showing his middle name as "Iosefo."

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 Regular Army (RA) for 4 years on 18 November 1975.  He enlisted using the middle name "Peter" and he signed his enlistment documents using the middle name "Peter."


3.  The applicant was honorably released from active duty (REFRAD) on
17 November 1979 upon completion of 4 years of creditable active Federal service.  His DD Form 214 shows his middle name as "Peter" and he signed his DD Form 214 using the middle initial "P."

4.  Upon REFRAD, the applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 26 March 1981, he enlisted in the USAR for 1 year using "Peter" as his middle name.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

6.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  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.  The applicant requests his service records be corrected to show his middle initial as "I" instead of middle name "Peter."

2.  Evidence of record shows the applicant enlisted and served using the middle name of "Peter" throughout his RA and USAR military career.  Those service records are consistent with the name he was using at that time.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names, and adequately document his last name in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__amc___  __dac___  __reb___  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.



							Ann M. Campbell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011569
SUFFIX

RECON

DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0100
2.

3.

4.

5.

6.