IN THE CASE OF:	  

		BOARD DATE:	  23 June 2009

		DOCKET NUMBER:  AR20090002106 


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 records to show his middle name as "Fredrick" instead of "Frederick."

2.  The applicant states that at the time of entry into the Army, he thought his middle name contained an "e" as the fifth letter.  He also states that he never used his complete middle name during his military service. 

3.  The applicant provides a copy of his certificate of birth, dated (issued) 22 September 2008, 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 records show he initially enlisted in the Regular Army (RA) on 26 March 1964.  A copy of his initial enlistment contract is not available for review with this case.  He executed a series of extensions and/or reenlistments throughout his active service and attained the rank/grade of sergeant first class (SFC)/E-7.  

3.  The applicant’s records show he used both middle names throughout his military career as follows:

	a.  on 1 June 1972, he executed a 3-year reenlistment in the RA.  Item 5 (Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his middle name as "Fredrick";  

	b.  on 30 May 1975, he executed a 3-year reenlistment in the RA.  Item 5 of his DD Form 4 again shows his middle name as "Fredrick"; however, he authenticated this form by placing his signature in Item 56b (Signature of Applicant) and item 57 (Oath of Enlistment) using his middle name as "Frederick"; 

	c.  on 13 April 1978, he executed a 5-year reenlistment in the RA.  Item 1 (Name) of his DD Form 4 shows his middle name as "Frederick" and he authenticated this form by placing his signature in items 18 (Signature of Applicant) and 22 (Signature of Enlistee/Reenlistee) using his middle name "Frederick";

	d.  on 31 January 1979, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his middle name as "Frederick"; 

	e.  on 26 October 1982, he submitted a request for RA reenlistment and/or extension and indicated that his middle name was "Frederick."  He also authenticated this form by placing his signature in the appropriate block using his middle name "Frederick";

	f.  on 14 January 1983, he executed a 4-year reenlistment in the RA.  Item 1 of his DD Form 4 shows his middle name as "Frederick" and he authenticated this form by placing his signature in items 14b (Signature of Applicant/Reenlistee) and 26a (Signature of Enlistee/Reenlistee) using his middle name "Frederick";

	g.  on 4 March 1983, he submitted an application for a military identification card and indicated that his middle name was "Frederick."  He also authenticated this form by placing his signature in the appropriate block using his middle name "Frederick";
	h.  on 28 March 1983, he submitted a request for voluntary retirement and indicated that his middle name was “Frederick.”  He also authenticated this form by placing his signature in the appropriate block using his middle name "Frederick"; and

	i.  on 28 November 1983, he completed a VA Form 29-8286 (Servicemen’s Group Life Insurance) and a DD Form 93 (Record of Emergency Data) and indicated that his middle name was "Frederick."  He also authenticated these forms by placing his signature in the appropriate blocks using his middle name “Frederick.”

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) prepared on
26 September 1980 and reviewed by the applicant on 28 November 1983 shows his middle name as "Fredrick." 

5.  The applicant was honorably released from active duty on 31 March 1984 and on 1 April 1984 he was placed on the retired list in the rank/grade of SFC/E-7.  Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as "Frederick."  The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial "F," and his last name.

6.  The applicant provided a copy of his birth certificate, issued on 22 September 2008, that shows his middle name as "Fredrick."

7.  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.

8.  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 DD Form 214 should be corrected to show his middle name as "Fredrick" instead of "Frederick." 

2.  It is unclear what middle name the applicant used upon his initial entry into the Army in 1964.  However, although the applicant used his middle name "Fredrick" on a few occasions, in most of his subsequent reenlistments he used his middle name as "Frederick."  His middle name is consistent with the name on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his middle name on each form was correct.  

3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the middle name under which he primarily served.  For historical purposes, 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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.

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)                                         AR20090002106



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ABCMR Record of Proceedings (cont)                                         AR20090002106



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