IN THE CASE OF:
BOARD DATE: 20 May 2008
DOCKET NUMBER: AR20080003681
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to remove the middle name of Paul.
2. The applicant states, in effect, that his DD Form 214 should be consistent with his birth certificate.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth certificate.
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 applicants Delayed Entry Program enlistment contract, dated
19 December 1978, shows a middle name of Paul. He enlisted in the Regular Army on 6 February 1979. He signed his name with a middle name of Paul on his Regular Army enlistment contract.
3. All documents in the applicants records show he had either a middle initial of P or a middle name of Paul.
4. The applicant was released from active duty on 5 February 1982 and transferred to a troop program unit in the U. S. Army Reserve. Item 1 of his DD Form 214 shows a middle name of Paul.
5. The applicant reenlisted in the U. S. Army Reserve on 16 December 1988. His enlistment contract dated 16 December 1988 shows a middle name of Paul.
6. The applicant was discharged from the U. S. Army Reserve effective 15 December 1991. His discharge orders show a middle name of Paul.
7. The applicant provided a copy of his birth certificate, which shows he was not given a middle name.
8. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. Although the applicants birth certificate shows that he was not given a middle name at birth he appropriately served on and was released from active duty (and continued to serve in the U. S. Army Reserve) with a middle name of Paul. While his desire to have the records changed is understandable, he has provided no
basis for compromising the integrity of the Armys records. This Board action will be filed in his military records so a record of his birth name, consisting of a first name and last name only, will be on hand.
3. 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
__xx____ ___xx___ ___xx___ 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.
________xxx____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003681
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