DOCKET NUMBER:  AR20090000523 


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 discharge documents be corrected by changing his middle name from To__ to Th_____.   

2.  The applicant states, in effect, the middle name on his birth certificate and social security documents is Th____.  

3.  The applicant provides a birth registration card and social security card 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 Army National Guard (ARNG) on 9 June 1976.  The DD Form 4 (Enlistment Contract-Armed Forces of the United States) prepared during his enlistment processing lists his middle name as To__ in item 5 (last name- first name-middle name) and the applicant signed this document using the middle name To__.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record ) which was prepared on 9 June 1976 upon the applicant’s entry for initial active duty training (IADT) and his DA Form 2-1 (Personnel Qualification Record) which was prepared on 15 September 1976 and was last audited by the applicant on 
3 March 1979, both list his middle name as To__ in item 1 (name).  

4.  The applicant's record contains a DD Form 214 (Report of Separation from Active Duty) that was issued to the applicant upon his completion of IADT on 
10 December 1976, and covers his period of active duty service between 
12 September and 10 December 1976.  This document lists his middle name as To__ in item 1 (last name, first name, middle name).  

5.  All of the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) that list his middle name show it as To__, as it is recorded on his DA Form 20 and DA Form 2-1. 

6.  On 1 June 1982, the applicant was discharged from the ARNG and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his military service obligation.  The National Guard Bureau Form 22 (Report of Separation and Record of Service) issued to him at this time lists his middle name as To__.

7.  On 23 February 1983, United States Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, published Orders 0-02-010242, which discharged the applicant from the USAR, effective 1 March 1983.  These orders listed his middle name as To__.  

8.  The applicant provides a copy of a birth registration card and social security card that both list his middle name as Th____.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records be changed to reflect the middle name Th___, as listed on his birth certificate, was carefully considered.  However, while the validity of the middle name he claims is correct is not in question, the record shows he entered, served, and was separated under the middle name listed in his DD Form 4, DA Form 20, DA Form 2-1 and in all documents on file in his record.  
2.  There is no evidence showing the applicant ever attempted to change the middle name recorded in his military record while he was still serving in the military and as a result, it is presumed he voluntarily chose to serve using the middle name as it is recorded in his military records and in his separation documents.  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 middle 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 the middle name in his military record and the one on his birth certificate.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the middle 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)                                         AR20090000523



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ABCMR Record of Proceedings (cont)                                         AR20090000523


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