IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100008619
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 his middle name be corrected in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states:
* When he enlisted he was forced to declare a middle name and he provided his confirmation name to get them off his back
* The middle name R___ is not his true birth name
3. The applicant provides:
* Birth certificate
* 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 DD Form 398 (Statement of Personal History) and his enlistment record show his middle name as R____. He enlisted in the Regular Army on 24 June 1968, served as a communications electronics repair specialist, and was released from active duty on 23 June 1971.
3. Item 1 of the applicant's DD Form 214 shows his middle name as R____.
4. All of the applicant's service personnel records show the middle name R____.
5. In support of his claim, the applicant provided a birth certificate which shows no middle name.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It 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 Soldier's 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.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this ABCMR is reluctant to recommend that those records be changed.
2. The applicant's enlistment record and service personnel records show the middle name R____. It appears he served and was separated from active duty under the middle name R____. While the applicant's desire to have his records changed is understood, the available evidence is not sufficient for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214. These proceedings will be filed in the applicant's military records so a record of his current name (no middle name) will be on hand.
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) AR20100008619
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ABCMR Record of Proceedings (cont) AR20100008619
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