IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021576 


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 first name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Thaddas" instead of "Thaddeus." 

2.  The applicant states that his DD Form 214 incorrectly shows his first name as "Thaddeus." 

3.  The applicant provides a copy of his certificate of birth, filed on 15 September 2008; and a copy of his DD Form 214, dated 25 September 1985.

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 are not available for review with this case; specifically, his DD Form 4 (Enlistment/Reenlistment Document) which would have indicated the name he used upon enlistment is not available for review. This case is being considered using reconstructed records which primarily consist of the applicant's DD Form 214 and various other documents remaining in the applicant's official military personnel file (OMPF).

3.  His DD Form 214 shows he had previously completed 2 years and 11 days of active service when he enlisted in the Regular Army on 31 July 1979.  This form also shows at the time of his honorable discharge he held military occupational specialty 41C (Fire Control Instrument Repairer) and he was assigned to the 614th Maintenance Company, U.S. Army Europe.

4.  His OMPF contains the following documents:  

   a.  his birth certificate showing his first name as "Thaddas."  

   b.  a certificate of training, dated 17 October 1977, showing he completed the 2-week basic electronics course.  His name is listed as "Thaddeus." 

   c.  his high school diploma, dated 27 May 1977, listing his first name as "Thaddeus."  

   d.  Permanent Orders 17-6, issued by the U.S. Army Regional Personnel Center, Nuernberg, Germany, awarding him the Good Conduct Medal which also shows his name as "Thadeus."  

5.  He was honorably discharged on 25 September 1985.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name as "Thaddeus."  He authenticated this form by placing his signature in item 21 (Signature of Member being Separated) using the first name of "Thaddeus." 

6.  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 applicant’s complete service records are not available for review with this case.  His DD Form 4 which would have indicated the name he used upon his enlistment is not available for review.  However, it appears that he used the first name "Thaddeus" during the period in question.  This first name is consistent with some of the records that are in his reconstructed record.  He authenticated his DD Form 214 using the first name of "Thaddeus" as it appears on the DD Form 214.  It does not appear he requested that his first name be changed during the period covered by this DD Form 214.

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.  

3.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his first name.

4.  A copy of this decisional document along with the application and supporting documents will be filed in his service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the first name he now claims.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the first 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)                                         AR20090021576



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ABCMR Record of Proceedings (cont)                                         AR20090021576



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