IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090000503 


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 correction of his military record to show his middle name as "Jhony" instead of "Hony."

2.  The applicant states that at one point during his military service, the "J" was left out of his middle name and that he initially took it for granted.  However, he is now retired and likes to prevent any problems with employment and/or benefits that could arise as a result of his misspelled name.  

3.  The applicant provides a copy of his certificate of birth, dated 17 November 1964, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 26 July 1985.  Item 1 (Name-Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) shows his middle name as "Hony."  He authenticated this form by placing his signature in items 13b/18a (Signature of Enlistee/Reenlistee) using the middle name "Hony." 

2.  The applicant’s records further show he was discharged from the DEP and subsequently enlisted in the Regular Army for a period of 3 years on 27 May 1986.  He again, authenticated the DD Form 4 by placing his signature in the appropriate place using the middle name "Hony."

3.  The applicant’s record also shows he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

4.  The applicant’s record further shows he executed a series of reenlistments in the Regular Army, including a 4-year reenlistment on 16 December 1988, two    6-year reenlistments on 17 April 1992 and 28 September 1995, and an indefinite reenlistment on 15 June 2000.  He authenticated each of his DD Forms 4 using the middle name "Hony." 

5.  The applicant’s record contains various personnel documents including evaluation reports, permanent orders, certificates, citations, letters, and other documents that either show his middle name as "Hony" or his middle initial as "H."  

6.  The applicant indicated that he is now retired; however, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) is not posted to his record.  

7.  The applicant provided a copy of his certificate of birth that shows his middle name at birth was "Jhony." 

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 (Separation Documents) 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.  The applicant contends that his records should be corrected to show his correct middle name as “Jhony.”
2.  The applicant’s enlistment record shows his middle name as "Hony."  He authenticated this form using the middle name "Hony."  The middle name he used is consistent with his middle name listed on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his signature in the appropriate block indicating that his middle name was "Hony."  He did not use the name "Jhony." 

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s middle name in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different middle names and adequately document his middle name in his record. 

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.




      _______ _  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)                                         AR20090000503



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ABCMR Record of Proceedings (cont)                                         AR20090000503



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