IN THE CASE OF:	

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080015939 


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 his last name listed in item 1 (Last Name – First Name – Middle Name) on his DD Form 214 (Report of Separation from Active Duty) be corrected to read "S_______ery."

2.  The applicant states, in effect, that his last name has a typographical error.

3.  The applicant provides his DD Form 214 and a certified copy of his birth certificate in support of his application.  

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's record shows that he enlisted in the Regular Army for a period of 3 years on 10 March 1975.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) prepared for his enlistment lists his name in Item 5 (Last Name – First Name – Middle Name) as it appears on his DD Form 214.  He authenticated this document with his signature in Item 57 (Oath of Enlistment) using the name as it is listed in Item 1 and on his DD Form 214, which he now claims is incorrect.

3.  The applicant's DA Form 2-1 (Enlisted Qualification Record ) lists his name in Item 1 (Name) as it appears on his DD Form 4 and DD Form 214.  The applicant authenticated this record with his signature in Item 34 (Signature).

4.  All the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) shows his name as it appears on his DD Form 4,
DA Form 2-1, and DD Form 214.  

5.  On 9 March 1978, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 3 years of active military service.  The name entered in Item 1 of his DD Form 214 is the same as the name listed on his DD Form 4, DA Form 2-1, and on all orders and documents on file in his OMPF.  The applicant authenticated the DD Form 214 with his signature in Item 29 (Signature of Person Being Transferred or Discharged) on the date of his release from active duty.  His signature in Item 29 indicates that he reviewed the form and accepted the information as being correct to the best of his knowledge.

6.  The record gives no indication that the applicant ever attempted to correct or change his name while serving on active duty.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing of the DD Form 214, and provides for entering the name as it is recorded on his enlistment record and qualification record in Item 1.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his separation document be corrected to reflect his correct name was carefully considered.  However, there is no indication that 
the name as it is recorded in his enlistment record, enlisted qualification record, separation document, and all other official documents contained in his OMPF is in error.
2.  Absent any evidence to confirm he attempted to correct the name recorded in his record while he was still serving on active duty, it is presumed he voluntarily chose to serve using the name as it is currently recorded in his military records.  

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records and on the specific documents in question, there is no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.

4.  This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the way his name is recorded and how he believes it should be listed.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  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.



      _________X_____________
               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)                                         AR20080015939



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ABCMR Record of Proceedings (cont)                                         AR20080015939



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