IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012304 


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, in effect, correction of the middle name shown in his Army military records and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the issuance of a revised DD Form 214.

2.  He states he wants his given birth name to be reflected in his service records and on his DD Form 214.   

3.  He provides copies of the following:

* His birth certificate
* His DD Form 214
* His social security card and driver's license

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 military record shows that he enlisted in the Regular Army on 18 January 1985.  His DD Form 1966/8, Section X (Statement of Name for Official Military Records) shows he preferred to use the middle name of Richard at the time of his enlistment.  He signed all enlistment documents using this middle name.  At the time he also acknowledged that Richard was not the middle name shown on his birth certificate and that he had not changed his name through any court or other legal procedure.   

3.  He was honorably released from active duty on 12 April 1991 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 1 (Name (Last, First, Middle) of his DD Form 214 shows the name of Richard.  He placed his signature using the initial "R" for his last name in item 21 (Signature of Member Being Separated) of his DD Form 214.

4.  The military documents that are on file in his official military personnel file (OMPF) show that the applicant served and was released from the Army under the middle name of Richard.  There is no evidence in his service personnel records to show he specifies he wanted to use the middle names shown on his birth certificate while he served on active duty in the Army.

5.  He was discharged from the USAR on 19 January 1993 and issued orders showing his middle name as Richard.

6.  He provided a copy of a Commonwealth of Virginia Department of Health - Division of Vital Records certification of live birth issued on 7 July 1989 that was certified to be a true copy of the original certificate filed in the State of Virginia.  This document identifies a male registrant with the same first and last names as the applicant's who was born on 19 May 1949 with the middle names of Richmond Reginald.  He also provided copies of a social security card and his driver's license.  These documents identify a male with the same first and last names as the applicant as having the middle names of Richmond R.  The social security card also shows the individual was assigned the social security number that is listed throughout the applicant's Army and USAR records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army using the middle name of Richard.  At the time of his enlisted, he stated he preferred using the middle name of Richard.  Throughout his period of service in the Army up to his separation on 12 April 1991 and in the USAR Control Group, he served under this middle name as evidenced by his military service records.  
2.  In his case, the records reflect the middle name he preferred to use at the time of his enlistment in the Army and under which this military service was performed.

3.  While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data 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, no basis has been established to support the change requested.

4.  A copy of this decisional document along with the application and enclosures will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different middle names.

5.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100012304



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ABCMR Record of Proceedings (cont)                                         AR20100012304


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