RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070015350
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. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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 remove his middle name "Stephen.
2. The applicant states that his middle name is a Catholic confirmation name and is not part of his legal name.
3. The applicant provides:
a. A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 November 1972.
b. A copy of his Social Security Card, issued on 9 May 2007, with no middle name.
c. A copy of his City of New York Certificate of Birth, dated (issued on) 16 June 2004, with no middle name.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant record shows that he was inducted in the Army of the United States on 17 February 1971. His DD Form 47 (Record of Induction), DD Form 398 (Statement of Personal History), and DD Form 369 (Police Record Check-Fingerprints Card), all contained his middle name "Stephen." He signed these documents using either the middle name "Stephen" or the middle initial S.
3. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 16 November 1972. The DD Form 214 he was issued shows he completed 1 year and
9 months of creditable active Federal service. This form also shows his middle name as "Stephen" and he signed his DD Form 214 using the middle initial "S."
4. The applicants record shows that he used his middle name Stephen in all military documents and records throughout his military service.
5. The applicant's submitted Social Security Card and Certificate of Birth do not contain his middle name.
6. 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.
7. 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 soldiers 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 record be corrected to remove his middle name "Stephen."
2. Evidence of record shows the applicant enlisted and served using the middle name of "Stephen" throughout his military career. His service record is 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 applicants 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 middle name in his record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __svw___ __jcr___ 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.
Margaret K. Patterson
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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