IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015447 


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 (Report of Separation from the Armed Forces of the United States) to show unspecified courses and that the spelling of his first name be changed from "Bobbie" to "Bobby."

2.  The applicant states that his DD Form 214 shows he went to the Engineer School twice but it does not show he completed or passed the courses.  He alleges that his first name is spelled with a "y" not "ie."  He started to have this corrected when he was in the Army, but he just signed where they told him.  He would very much like to see his first name printed correctly on his service records.

3.  The applicant provides the following documents in support of his application:  DD Form 214; DA AGO Form 87 (Certificate of Training), dated 30 January 1953; letter orders 12-312, dated 31 December 1952; and certificate from the Engineer School, dated 27 July 1951.

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 complete military records are not available to the Board.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  After having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 13 September 1950.

4.  The applicant provided a certificate from the Engineer School, Fort Belvoir, VA, which shows he successfully completed the Demolition Course on 27 July 1951.  This certificate shows his first name spelled as "Bobbie."

5.  Letter Orders 12-312 published by Headquarters, Base Section, U.S. Army Europe Communications Zone show the spelling of his first name as "Bobbie."

6.  The applicant provided a certificate of training which shows he completed the Utilities Noncommissioned Officer (NCO) Course on 30 January 1953.

7.  The applicant was discharged on 24 August 1953.

8.  Item 30 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) of his DD Form 214 shows he attended the Engineer School and completed the Demolition Specialist Course in June 1951.  His DD Form 214 also shows he attended the Engineer School and completed the Noncommissioned Officer (NCO) Utility Course in January 1953.

9.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows the spelling of his first name as "Bobbie."

10.  The applicant subsequently served in the Army National Guard until he was retired and placed on the Retired List on 3 September 1992.  His retirement orders show the spelling of his first name as "Bobbie."

11.  All of the available documents in the applicant's service personnel record show the spelling of his first name as "Bobbie."

12.  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 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's contention that his first name is spelled with a "y," not "ie," is acknowledged.  However, there is insufficient evidence to substantiate his claim.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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.

3.  The applicant's service record shows he served in the military and was discharged using the spelling of his first name as "Bobbie."  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so that a record of the proper spelling of the first name he is currently using will be on hand.

4.  The applicant contends that his DD Form 214 shows he went to the Engineer School twice, but it does not show he completed or passed the courses.  The title of that item is Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed and, therefore, verifies that he completed the Demolition Specialist Course and the Utilities NCO Course at the Engineer School.  These courses are properly recorded on his DD Form 214 and no correction needs to be made.  

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)                                         AR20090015447



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ABCMR Record of Proceedings (cont)                                         AR20090015447



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