BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013577 


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 the first and middle names recorded in his military records be corrected.  

2.  The applicant states, in effect, he served under first and middle names he later found out were in error.  Therefore, he would now like his record corrected to reflect the correct first and middle names as they are recorded on his birth certificate. 

3.  The applicant provides his birth certificate, driver's license and social security number (SSN) 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 was inducted into the Army of the United States and entered active duty on 14 June 1966.   A DD Form 47 (Record of Induction) prepared during his induction processing shows the first and middle names he now claims are incorrect in item 1 (Name). 

3.  The DA Form 20 (Enlisted Qualification Record) prepared on 20 June 1966 upon the applicant's entry on active duty lists the first and middle names contained on his DD Form 47 in item 1 (Name).  Item 1 also includes both his service number (SN) and SSN.  The applicant authenticated this record with his signature in item 47 (Signature of Individual) using the same name entered in item 1 which he now claims is incorrect and he last audited this record on
8 November 1966.  

4.  All the official documents and orders contained in the applicant’s official military personnel file (OMPF) list the same first and middle names as they are recorded on his DD Form 47 and DA Form 20.

5.  On 13 January 1968, applicant was honorably released from active duty (REFRAD), in the rank of specialist four (SP4)/E-4.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time lists the first and middle names as recorded on his DD Form 47 and DA Form 20, and in all other documents on file in his OMPF in item 1 (Name).  The SSN listed on his DA Form 20 is listed in item 3 (Social Security Number) and the applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD and used the name recorded throughout his record.  

6.  The applicant provides copies of his birth certificate, driver's license and SSN card, which all list the first and middle names he now claims are correct.  

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.  It states, in pertinent part, 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.  The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  The instructions for completing item 1 state to enter the name as it is recorded in the military record.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be changed to reflect the first and middle names listed on his birth certificate was carefully considered.  However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was separated under the first and middle names that are listed on his DD Form 47, DA Form 20, and all documents on file in his OMPF.  Absent any evidence to confirm he attempted to correct or change his name while he was still serving, it is presumed he voluntarily chose to serve using the name recorded in his military records.

2.  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 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.  It is further noted that the applicant was using the same SSN during his military service that is recorded on the SSN card he provided with his application, which should eliminate any difficulties in receiving social security benefits.  

3.  This Record of Proceedings, along with the 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 his first and middle names.  Filing the Board’s 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.

ABCMR Record of Proceedings (cont)                                         AR20090013577



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ABCMR Record of Proceedings (cont)                                         AR20090013577



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