IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010644 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as “J**n” instead of “R**e.”

2.  The applicant states the first name on his DD 214 is shown as “R**e” but it should be “J**n.”

3.  The applicant provides his DD Form 214, dated 11 March 1966, a birth certificate, and a notarized statement. 

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.  On 5 February 1964, prior to induction into the U.S. Army, the applicant completed a DD Form 98 (Armed Forces Security Questionnaire) wherein he indicated his first name was “R**e” and he authenticated this form by placing his signature in the appropriate place using the first name of “R**e.”

3.  He also completed an ANTEI Form 24 (Statement of No Prior Convictions at Pre-induction) on 5 February 1964 wherein he indicated his first name was "R**e."  He also authenticated this form by placing his signature in the appropriate place using the first name of "R**e."

4.  He was inducted into the Army of the United States on 24 March 1964.  His Acknowledgement of Service Obligation listed his first name as "R**e."  He authenticated this form by placing his signature in the appropriate block using this first name.

5.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his first name as "R**e."  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this first name.

6.  On 15 June 1964, he completed a DD Form 398 (Statement of Personal History) and again indicated that his first name was "R**e." 

7.  His records contain several personnel, finance, and legal documents including a record of Servicemen’s Group Life Insurance Election, assignment orders, and various other orders that show his first name was "R**e."

8.  He was honorably released from active duty on 11 March 1966 and transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.  Item 1 (Name) on the applicant's DD Form 214 shows his first name was "R**e."  He authenticated this document by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

9.  He submitted his birth certificate, issued 6 July 2005, and a self-authored notarized statement stating his first name was “J**n.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his name on his DD Form 214 should be corrected to show his first name is "J**n" was carefully considered.  However, there is insufficient evidence to support this contention. 

2.  The available evidence shows that upon induction into the U.S. Army on 24 March 1964 the applicant listed his first name as "R**e."  This first name is consistent with the first name he used on various documents throughout his period of military service.  He authenticated several documents by placing his signature in the appropriate block indicating his name was correct.  He did not use the first name that he now claims during his period of military service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s name in this case.  

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)                                         AR20100010644



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ABCMR Record of Proceedings (cont)                                         AR20100010644



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