BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090021069 


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 records to show his first name as "Francis" instead of "Matthew" and his middle name as "Matthew" instead of "Francis." 

2.  The applicant states that his first and middle names were switched on his military records. 

3.  The applicant provides a copy of his certification of birth, issued on 7 January 2008; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 September 1980; and a copy of his DD Form 215 (Correction to DD Form 214), dated 23 February 1982.

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 U.S. Army Reserve Delayed Entry Program on 3 May 1977. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed his first name as "Matthew" and his middle name as "Francis."  He authenticated this form and allied documents with his signature using the first name "Matthew" and the middle name "Francis."  

3.  The applicant enlisted in the Regular Army on 11 August 1977 and the Philadelphia Armed Forces Examining and Entrance Station published Orders Number 161-2 assigning him to Fort Bliss, TX, to attend basic combat training.  The orders listed his first name as "Matthew" and his middle initial as "F."

4.  His records contain various personnel, finance, medical, and legal documents, including records of nonjudicial punishment, reports of medical history and medical examination, an application for identification card, an insurance certificate, several reassignment and separation orders, award orders, a record of emergency data, requests for leave, and several other documents that listed his first name as "Matthew" and his middle name as "Francis."  He authenticated several of these documents by placing his signature in the appropriate block using these first and middle names.

5.  He was honorably released from active duty on 14 September 1980 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  

6.  Item 1 (Name) of his DD Form 214 shows his first name as "Matthew" and his middle name as "Francis."  He authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using the first name "Mathew" and the middle initial "F." 

7.  He submitted a copy of his certification of birth, dated 7 January 2008, that shows his first name as "Francis" and his middle name as "Mathew."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the first name "Matthew" and the middle name "Francis" upon enlistment in the Army.  These names are consistent with the first and middle names on all official military records throughout his period of military service.  He authenticated several forms that contain these first and middle names.  He did not use the requested first and middle names during his period of military service.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, there is no basis for changing his first or middle names.

3.  Nevertheless, a copy of this decisional document, along with the application and supporting documents, will be filed in the applicant's service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the first and the middle names he claims now.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first and middle names 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)                                         AR20090021069



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ABCMR Record of Proceedings (cont)                                         AR20090021069



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