IN THE CASE OF:	

		BOARD DATE:	06 May 2010  

		DOCKET NUMBER:  AR20090018878 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his full name as "A****r M***e" instead of "A****r H***s M***e."

2.  The applicant states that his name is incorrect. 

3.  The applicant provides a copy of his DD Form 214, dated 23 July 1971; a copy of his birth certificate, issued on 20 November 2008; and a copy of a statement from the Social Security Administration (SSA), dated 22 October 2009, indicating the new social security card he requested in the name of "A****r M***e" would be mailed in 2 weeks.

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 records show he enlisted in the Regular Army (RA) on 5 September 1969.  Item 1 (Name) of his DD Form 4 (Enlistment Record) listed his full name as "A****r H***s M***e."  He authenticated this form and several of its allied documents by placing his signature in the appropriate blocks using this full name.

3.  In connection with this enlistment, he completed a DD Form 398 (Statement of Personal History) and indicated that his name was "A****r H***s M***e."  He also authenticated this form by placing his signature in the appropriate place using this name.

4.  On 10 September 1969, he completed a fingerprint card and again indicated that his name was "A****r H***s M***e."

5.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his name as "A****r H M***e."  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this name.

6.  On 2 March 1970, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his name as "A****r H***s M***e."

7.  His records contain several personnel, finance, legal, and medical documents including a record of emergency data, a record of Servicemen’s Group Life Insurance Election, a Military Identification Card application, several records of nonjudicial punishments, assignment orders, and various other orders that show his name as "A****r H***s M***e."

8.  He was honorably released from active duty on 23 July 1971 and he was transferred to the U.S. Army Reserve Control group (Annual Training) for completion of his Reserve obligation.  Item 1 (Name) of the DD Form 214 he was issued shows his full name as "A****r H***s M***e."  He authenticated this name by placing his signature in item 21 (Signature of Member Being Separated) using this name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his name on his DD Form 214 should be corrected to show his name is "A****r M***e."



2.  The evidence of record shows that upon his enlistment in the RA on 5 September 1969 the applicant listed his full name as "A****r H***s M***e."  This name is consistent with the name on various documents in his service record throughout his entire military service.  He authenticated several documents by placing his signature in the appropriate block, indicating his name was correct.  He did not use the requested name during his military service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s name in this case.  

4.  A copy of this decisional document, along with his application will be filed in his service record.  This should serve to clarify any questions or confusion regarding the different names. 

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)                                         AR20090018878



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ABCMR Record of Proceedings (cont)                                         AR20090018878



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