IN THE CASE OF:	

		BOARD DATE:	       8 OCTOBER 2009

		DOCKET NUMBER:  AR20090007987 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as “Faris” instead of “Fares.”

2.  The applicant states that the spelling of his first name is incorrect.

3.  The applicant provides:

	a.  a copy of his DD Form 214;

	b.  a copy of his United States of America Certificate of Naturalization which spells his first name as “Fares”;

	c.  a copy of his Hashemite Kingdom of the Jordan Ministry of Health – Certificate of Birth, showing his first name as “Faris”;

	d.  a copy of his Social Security Card showing his first name as “Faris”; and 

	e.  a copy of a Standard Form (SF) 89 (Report of Medical History), dated
14 November 1968, showing his first name as “Faris.”





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 enlisted in the Regular Army (RA) for a period of 2 years in the rank/grade of Private (PV1)//E-1 on 21 November 1968.  Item 5 (Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 21 November 1968, lists his first name as "FARES."  The applicant authenticated this form by placing his signature in item 57 (Oath of Enlistment) using his first name as "Fares."

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his first name as "Fares."  The DA Form 20 was reviewed by the applicant on 21 July 1970 and he authenticated this form by placing his signature in Item 47 (Signature) using his first name as "Fares." 

4.  With one exception, all of the forms in the applicant’s Military Personnel Records Jacket (better known as the 201 file) show his first name as “Fares.”  Only a DD Form 373 (Consent, Declaration of Parent  or Legal Guardian) shows his first name as “Faris.”

5.  On 20 November 1970, the applicant was honorably released from active duty by reason of expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 1 (Name) of the DD Form 214 he was issued shows his first name as "Fares."  He authenticated this name by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using his first name "Fares." 

6.  The applicant provided a copy of his birth certificate that shows his first name as “Faris.” 

7.  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 correct first name as "Faris."

2.  The evidence of record shows that upon his enlistment in the RA on 21 November 1968, the applicant listed his first name as "Fares."  This first name is consistent with the first name on several documents in his service personnel record throughout his entire military service, with only one document listing his first name as “Faris.”  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct.  He did not use the first name “Faris” during his military service.

3.  He also provided a copy of his registered United States of America Certificate of Naturalization that identifies him by the first name of "Fares." 

4.  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 name under which he 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 name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  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 name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct 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.



      __________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)                                         AR20090007987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007987



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1