IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012476 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to change the spelling of his last name from "H__OL" to "H__AL."

2.  The applicant requests correction pursuant to a court order for legal change of spelling.

3.  The applicant provides a copy of a court order issued on 12  July 1971 which changes the spelling of his last name to "H__AL" and a copy of 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 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.  A copy of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows that on 13 October 1966 he enlisted in the Regular Army for a period of 3 years.  The name entered in item 1 (Last Name – First Name – Middle Name) reflects "H__OL, J____ P____."  He signed this document confirming the information contained therein was correct at the time.

3.  A copy of his DD Form 214 shows he was honorably released from active duty on 23 September 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The name entered in item 1 (Last Name – First Name – Middle Name) reflects "H__OL, J____ P____."  He also signed this document confirming the information contained therein was correct at the time.

4.  A review of the documents contained in the applicant's personnel records show his name as "H__OL, J____ P____."

5.  The applicant has provided a copy of court order issued on 12 July 1971 which changes the spelling of his name to "H__AL."

6.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be amended to change the spelling of his last name to "H__AL" was carefully considered; however, the evidence does not support his request.

2.  The name shown on his DD Form 4, DD Form 214, and all other available service documents reflect his last name as "H__OL."  His records show he served his entire military career in the name shown on his DD Form 214.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable that the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's 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 that may arise regarding the different name recorded in his military records and to satisfy his desire to have his current name documented in his official records.

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)                                         AR20100012476



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ABCMR Record of Proceedings (cont)                                         AR20100012476



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