IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080007182
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 that this middle name be corrected in item 1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests that item 7a (Place of Entry into Active Duty) on his DD Form 214 be corrected to show Montgomery, Alabama instead of Montgomery, Florida.
2. The applicant states that his middle name is spelled Micheal and that he entered active duty in Montgomery, Alabama.
3. The applicant provides a copy of his birth certificate and a copy of his DD Form 214.
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 enlistment contract shows his middle name is spelled Michael and he signed the middle name Michael in several places on this contract. His enlistment contract also shows that he enlisted at the Military Entrance Processing Station in Montgomery, Alabama. The applicant enlisted on
5 January 2004, served as a patriot missile crewmember, and was honorably discharged on 8 April 2005.
3. Item 1 on the applicants DD Form 214 shows his middle name is Michael. Item 7a on his DD Form 214 shows the entry, MONTGOMERY, FL [Florida].
4. In support of his claim, the applicant provided a copy of his birth certificate which shows his middle name is spelled Micheal.
5. 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 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. 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 birth certificate provided by the applicant shows the middle name Micheal, his enlistment contract and his signature on his enlistment contract show the middle name Michael. It appears he appropriately served on and was discharged from active duty under the middle name Michael. While it is understood that the applicant desires to have the records changed, there is no basis for compromising the integrity of the Army's records, in particular, the applicants DD Form 214. This Board action will be filed in the applicants military records so a record of his correct birth middle name will be on hand.
3. Evidence of record shows the applicant entered active duty from Montgomery, Alabama. Therefore, it would be appropriate to correct item 7a on his DD Form 214 to show Montgomery, Alabama.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx____ ___xx___ __xx____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 7a on his DD Form 214; and
b. adding the entry, Montgomery, Alabama in item 7a on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his middle name in item 1 on his DD Form 214.
________xxxx__________
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) AR20080007182
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ABCMR Record of Proceedings (cont) AR20080007182
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