BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090015781
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 that his middle name be changed to "Carl" instead of "Charles" on all of his military records.
2. The applicant states that his birth certificate shows his middle name as "Carl." He would like to have his records corrected to show this name.
3. The applicant provides a copy of his Ohio Depart of Health Certificate of Live Birth and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel is noted on the applicant's application to this Board; however, counsel did not provide any arguments, comments, or documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 7 February 1967. He completed training and he was awarded military occupational specialty (MOS) 94B (Cook). He served honorably and he was released from active duty on 6 February 1969.
3. All documentation in the applicant's Official Military Personnel File (OMPF) that utilizes a full middle name, including his DD Form 214, shows the name "Charles."
4. The birth certificate provided lists a middle name of "Carl." The names of the parents on the certificate match those listed in official military records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his birth certificate shows the middle name of "Carl." Therefore, his records should be corrected to show this name instead of "Charles."
2. The applicant was inducted and served under the name M----- Charles
G--------. There is no indication or reference in the applicant's OMPF that he ever used the middle name Carl, raised a question of an incorrect middle name, or requested correction of his middle name while he was on active duty.
3. 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 middle name under which he served. 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 middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. The applicant is advised that his Report of Proceedings, along with the applicant's application and supporting documents, will be filed in his military records in order to provide clarity and to deal with any confusion that might arise regarding the difference in his middle name. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's record regarding the middle 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) AR20090015781
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ABCMR Record of Proceedings (cont) AR20090015781
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