RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
				   


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070016080 


	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:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 September 1981 to show his first name is W_ _ _ _ _ instead of F_ _ _ _.

2.  The applicant states that the name F_ _ _ _ was never entered on his birth certificate.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  A copy of his Florida Driver License, dated 10 March 2005.

	b.  A copy of his State of Florida Certificate of Birth, dated (issued on) 13 November 2003, showing his first name as W_ _ _ _ _.


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 records show that he enlisted in the U.S. Army Reserve (USAR) on 29 July 1978 for a period of 6 years under the Delayed Entry Program (DEP). His DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) shows his first name as F _ _ _ _ and he signed this form and its allied documents using that first name.

3.  On 18 September 1978, the applicant enlisted in the Regular Army for a period of three years.  Again, he signed his enlistment agreement using the first name F_ _ _ _.

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record), prepared on 5 January 1979 and reviewed on 4 February 1980, shows the applicant’s first name as F_ _ _ _.  The applicant authenticated this form by placing his signature, using the first name F_ _ _ _ in Item 47 (Signature of Individual).

5.  The applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 17 September 1981.  The DD Form 214 he was issued shows he completed 3 years of creditable active Federal service.  This form also shows his first name as F_ _ _ _ and he signed his 
DD Form 214 using this name.

6.  The applicant’s records show that he used the first name F_ _ _ _ in all military documents and records throughout his military service.

7.  The applicant's submitted copies of his Certificate of Birth and Driver License, both showing his first name as W_ _ _ _ _.

8.  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.

9.  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.  Evidence of record shows the applicant enlisted and served using the first name of F_ _ _ _ throughout his military career.  He consistently indicated and certified that his first name was F_ _ _ _.  Therefore, his service records are consistent with the name he used.


2.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant’s military service records, including the DD Forms 214 issued on 17 September 1981 was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time.

3.  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

__jea___  __wdp___  __jlp___  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.



							James E. Anderholm
______________________
          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.