IN THE CASE OF:
BOARD DATE: 01 April 2010
DOCKET NUMBER: AR20090014268
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 name as shown in his military records.
2. The applicant states his service records list his name differently than that on his birth certificate. He claims his first and middle names in his military records are reversed from the order they appear on his birth certificate.
3. The applicant provides a DD Form 214 (Armed Forces of United States Report of Transfer or Discharge), driver's license, and birth certificate.
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 on 20 July 1959. His DD Form 47 (Record of Induction) lists his name in item 1 (last name, first name, middle name) in the order he now claims is incorrect.
3. The applicant's DA Form 24 (Service Record) also lists his name as it is listed on the DD Form 47 in the identification data in the heading of the record.
4. All official documents and orders 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 24.
5. On 7 July 1961, applicant was honorably released from active duty in the temporary rank of specialist four/E-4. The DD Form 214 he was issued lists the first and middle names in item 1 (Last Name - First Name - Middle Name) as recorded on his DD Form 47 and DA Form 24 and in all other documents in his OMPF.
6. The applicant provides copies of his birth certificate and driver's license. They list his first and middle names in the order he now claims is 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 the name as it is recorded in the military record will be entered in item 1 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the name in his military record to the one recorded on his birth certificate has been carefully considered.
2. While it is understandable why the applicant would like the name in his military records changed to the one listed on his birth certificate, 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.
3. The record shows the applicant entered, served, and was separated under the name as it is listed on his DD Form 47, DA Form 24, and all documents in his OMPF. Absent evidence showing he attempted to correct or change his name while serving, it is presumed he voluntarily chose to serve using the name recorded in his military records.
4. This Record of Proceedings along with the application and supporting documents will be filed in his military record. This will provide clarity and deal with confusion arising from the difference in the name in his military record and the one on his birth certificate while guaranteeing the historical accuracy of the 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) AR20090014268
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