IN THE CASE OF:	  

		BOARD DATE:	  5 February 2009

		DOCKET NUMBER:  AR20080017367 


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 record be corrected to reflect his correct first and middle names.   

2.  The applicant states, in effect, his first and middle names were transposed and his first name misspelled at the time of his enlistment.  He claims he was young at the time and was afraid to tell his supervisor that his name was spelled wrong.  He claims when he applied for benefits from the Department of Veterans Affairs (VA), he was informed he had to clear the issue up.   

3.  The applicant provides a birth certificate and amendment 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 (RA) and entered active duty on 19 June 1962.  His enlistment record (DD Form 4), prepared on 19 June 1962, lists the first and middle names in the order he now claims is incorrect in Item 1 (Last Name, First Name, Middle Name).  The spelling of the middle name listed and contained in his signatures on this document was Harreal, and he signed the document in two places using the first and middle names as entered in Item 1.  

3.  The Service Record (DA Form 24) and Enlistment Qualification Record 
(DA Form 20) prepared on the applicant upon his entry in the RA lists his first name and middle initial in the order he now claims is incorrect.

4.  On 23 April 1964, the applicant reenlisted for 3 years.  The enlistment contract prepared for this reenlistment lists his first and middle name in the same order he now claims is incorrect, and the spelling of the middle name was changed from Harreal to Harold, and he signed the document using the changed spelling of his middle name.  

5.  A separation document (DD Form 214) issued to document his active duty service from 19 June 1962 through 22 April 1964 lists his first and middle names in the order he now claims is incorrect, and uses the revised spelling of his middle name as it appears in his 1964 enlistment contract.  The applicant authenticated this document with his signature using the first and middle names as listed on his 23 April 1964 DD Form 4.  

6.  All of the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) show his first and middle name/initial as they are recorded on his DD Forms 4, DA Form 20, and DA Form 24.  

7.  On 3 June 1965, the applicant was discharged under the provisions of Army Regulation 635-209, by reason of unsuitability and received a general discharge (GD), under honorable conditions.  The DD Form 214 he was issued at the time lists his first and middle names in the order and with the spelling of his middle name he now claims is incorrect in Item 1 (Last Name, First Name, Middle Name).  The applicant authenticated this document with his signature in Item 34 (Signature of Person Being Transferred or Discharged) using the first and middle names in the order and with the spelling he now claims is incorrect. 


8.  The applicant provides a copy of a birth certificate and amendment issued on 13 October 1972, which shows his original first name and middle initial as
Harold B. and his amended first and middle names as Harreal Manual.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records be changed to reflect his correct first and middle names was carefully considered.  However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was separated under the first and last names as listed in his DD Forms 4, DA Form 20, and DA Form 24, and in all documents on file in his record.  Absent any evidence to confirm he attempted to correct or change his name while he was still serving, it is presumed he voluntarily chose to serve using the first and middle names as they are recorded in his military records and separation documents.  
 
2.  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 there appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.  

3.  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 may arise regarding the difference in his first and middle names.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first and middle names 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)                                         AR20080017367



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ABCMR Record of Proceedings (cont)                                         AR20080017367



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