IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090014309
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, correction to the spelling of his first name on his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge).
2. The applicant states, in effect, that the second and fifth letters of his first name should be "e" and "o" respectively, not "a" and "e" as shown on his DD Form 214.
When he went to apply for veterans' benefits he was told he needed to have a corrected DD Form 215 (Correction to DD Form 214) in order to collect benefits.
3. The applicant provides copies of his birth certificate, his DD Form 214, and his Medicare Health Insurance 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 military records show that he enlisted in the Regular Army in pay grade E-1 on 28 June 1960 for 3 years. He completed training and was assigned military occupational specialty 281 (Micro-Wave Radio Repairman).
3. The applicant was honorably released from active duty on 27 June 1963 in the rank of specialist fourth class (temporary) and was transferred to the U.S. Army Reserve. His DD Form 214 shows his first name spelled with the second and fifth letters as "a" and "e" respectively. This is also the spelling he entered as his signature on the DD Form 214.
4. The applicant's records contain several documents (Application for Verification of Birth for Official U.S. Armed Forces Use Only, Enlistment Record - Armed Forces of the United States, enlistment statement, Report of Medical History, Report of Medical Examination, Statement of Personal History, Service Record, and Enlisted Qualification Record) showing his first name with both spellings for the second and fifth letters. These documents also show he signed his name showing his first name spelled with the second and fifth letters as "a" and "e" respectively on several of the documents. There is no evidence in his service personnel records to show he applied for a correction to the spelling of his first name while he served on active duty.
5. The applicant submitted a copy of a birth certificate filed on 29 January 1941 and issued by the Minnesota Department of Health on 14 April 2006. The certificate identifies a male registrant with the same first name spelled with an "e" and "o" respectively, middle name, and last name as the applicant who was born on 29 January 1941 in the Greenbush Township. He also submitted a copy of his Medicare Health Insurance card effective 1 January 2006 that shows the second and fifth letters of his first name as "e" and "o" respectively.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant used both version of the spelling of his first name throughout his period of active duty. There is no evidence, and the applicant has provided none, which would indicate he attempted to correct the spelling of his first name during his period of service. There is also no evidence that an injustice will occur if his first name is not changed on his DD Form 214 as requested. In his case, the DD Form 214 reflects the spelling of his first name that he preferred to use at the time of his release from active duty on 27 June 1963, as shown by his signature on this DD Form 214.
2. While the Board understands the applicant's desire to have the DD Form 214 changed, it finds no basis for compromising the integrity of the Army's records. The Army has an interest in maintaining the accuracy of its records for historical purposes. The data 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, no basis has been established to support the change requested.
3. A copy of this decisional document, along with the application and enclosures will be filed in the applicant's official military personnel file. This should serve to clarify any questions or confusion regarding the different spellings of his first name.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090014309
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ABCMR Record of Proceedings (cont) AR20090014309
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