BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013155
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 military medical records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Bradrick."
2. He states his first name was incorrect on his birth certificate at the time of his enlistment. He has been issued a corrected birth certificate and he needs his military records and DD Form 214 corrected in order for him to collect benefits from the Department of Veterans Affairs and the Social Security Administration.
3. He provides copies of his birth certificate and his social security card.
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 record shows he enlisted in the Regular Army on 25 September 1992. He retired due to temporary disability with an honorable characterization of service on 17 May 2005 and was placed on the Temporary Disability Retired List.
3. A thorough review of every document contained in his available military personnel and medical records, many of which bear his signature, shows that his first name consistently appears as "Bradford."
4. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his first name as "Bradford."
5. His record also contains a DA Form 199 (Physical Evaluation Board Proceedings), dated 16 June 2008 [3 years following his retirement], in which his first name appears as "Bradford."
6. He provides a copy of his Certificate of Live Birth issued by the Mississippi State Department of Health Vital Records and his social security card which both show his first name as "Bradrick."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military medical records and his DD Form 214 should be corrected to change his first name from "Bradford" to "Bradrick" was carefully considered and determined to lack merit.
2. The evidence of record shows his first name consistently appeared as
"Bradford" on every document in his available service personnel and medical records throughout his period of service. He authenticated several of these documents by placing his signature in the appropriate blocks.
3. His record also contains a document rendered 3 years after his DD Form 214 was issued, wherein his first name appears as "Bradford."
4. 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.
5. The fact that his birth certificate and social security card show his first name as "Bradrick" is duly noted and copies of these documents will be added to his record along with a copy of these proceedings. However, this does not change the conditions and circumstances that existed at the time his service records were created.
6. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100013155
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ABCMR Record of Proceedings (cont) AR20100013155
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