BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007652
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).
2. The applicant states his name is CLARENCE S. A*******, II, but his DD Form 214 shows his first name as CLARENCEY.
3. The applicant provides a copy of his birth certificate and his DD Form 214.
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's Integrated Personnel Electronic Records Management System (iPERMS) records contain several DD Forms 4 (Enlistment/Reenlistment Document). All show he enlisted using the first name of CLARENCEY, not CLARENCE. He signed these documents as "CLARENCEY."
3. When the applicant was honorably discharged on 31 October 2006, "CLARENCEY" was listed on his DD Form 214 as his first name. He signed this DD Form 214 using "CLARENCEY" as his first name.
4. The applicant's birth certificate lists his name as "CLARENCE S. A*******, II."
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It further state that the entry for block 9 (Last Name, First Name, Middle Name) to enter last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants to correct his first name on his DD Form 214.
2. While the applicant's evidence shows he was born with the first name "CLARENCE," the evidence of record shows he enlisted and served using the first name "CLARENCEY" throughout his entire period of service. His service records are consistent with the name he used at the time he served, as shown by his signatures on the documents.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his birth 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. 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 regards to the first name as recorded in his military record and his desire to have his records corrected to show his birth name.
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) AR20100007652
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007652
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