BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005912
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 records to show his correct first name as "Judies."
2. The applicant states that his name is spelled incorrectly on his DD Form 214 (Report of Separation from Active Duty).
3. The applicant provides copies of his DD Form 214, birth certificate, and Department of Veterans Affairs Claim Decision.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. DA Form 3284 (Applicant's Statement of Name Change), dated 30 June 1973, states that the applicant's first name as shown on his birth certificate is "Judies." However, he preferred to use a first name of "Julia," which he indicated had been used since the time of his birth. The document was signed by the applicant and witnessed by his father and cousin.
3. On 18 June 1974, the applicant enlisted in the Regular Army for 3 years using the first name of "Julia."
4. In reviewing the applicant's records, it is noted that the applicant consistently used a first name of "Julia" throughout his entire military service. Every document in his military records that required his signature reflects this same first name and corresponding signature.
5. The social security number used by the applicant in this application is the same as that used during his military service.
6. The applicant's birth certificate shows his first name as "Judies."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his first name is misspelled on his DD Form 214 and wants it corrected.
2. The evidence of record shows that at the time of his enlistment in the Regular Army he voluntarily requested to use the first name that he had used since his birth, even though it was different from the first name recorded on his birth certificate. This is the only name he used during his entire period of military service.
3. It appears that his correct social security number was used during his period of military service and that he is still using that number.
4. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.
6. 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 spelling of his first name. Filing the Boards 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.
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