IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100000261
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 record to show his name is J____ R_______ M_____.
2. The applicant states a midwife made an error in the name.
3. The applicant provides a Certificate of Live Birth.
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 19 June 1968 and he was released from active duty (REFRAD) on 4 June 1970. A
DD Form 47 (Record of Induction) shows he was inducted under the name J____ E___ R_______. At the time of his induction, he signed an Acknowledgement of Service Obligation using the signature J____ E___ R_______.
3. At the time of his induction, the applicant completed a DD Form 398 (Statement of Personal History). He stated his date of birth was 20 March 1948 and his place of birth was L___ V______, Arkansas. In item 10 (Family) he identified his father was S_____ R_______ and his mother was A__ L__ M_____ A_______.
4. The applicant enlisted in the Regular Army on 4 January 1971 and was REFRAD on 1 March 1972. His enlistment documents show he enlisted using the name J____ E___ R_______. His signature on the enlistment documents appear as J____ E. R_______.
5. The applicant's DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) show in item 1 (Last Name - First Name - Middle Name) R_______ J____ E___. He signed each DD Form 214 using the name J____ E. R_______.
6. The Certificate of Live Birth provided by the applicant shows the name J____ R_____ M_____, that he was born on 20 March 1948, and that his mother's name was A___ L__ M_____. The document does not show his father's name. The document further shows his place of birth as L___ V______, Arkansas.
DISCUSSION AND CONCLUSIONS:
1. The available evidence is not sufficient to support the applicant's request to correct his record to show his name as J____ R_______ M_____.
2. The evidence of record shows the applicant was inducted under the name J____ E___ R_______, later he enlisted in the Regular Army under this name, and used the signature J____ E___ R_______ or J____ E. R_______ consistently throughout his military service.
3. For historical purposes, the Army has an interest in maintaining the integrity 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to record the name on his Certificate of Live Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name recorded on his Certificate of Live Birth.
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) AR20100000261
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ABCMR Record of Proceedings (cont) AR20100000261
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