BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013162 


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 first and middle names as shown in his Army military records.

2.  He states his first and middle names were switched upon his entrance into the U.S. Army and need to be corrected.  He states the names need to be changed to the proper listing in his military and private records for filing for benefits.

3.  He provides his birth certificate.

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 he enlisted in the Tennessee Army National Guard (TNARNG) on 12 August 1962.  His DD Form 4 (Enlistment Record - Armed Forces of the United States), item 41 (Oath of Enlistment), shows he was administered an oath and enlisted under the first name "Leon" and the middle name "Robert."  He also signed all enlistment documents using his first and middle names in that order.

3.  He was ordered to active duty for training on 12 August 1962 and was released on 8 March 1963.  He was issued a DD Form 214 showing in item 1 (Last Name – First Name – Middle Name) his first name as "Leon" and middle name as "Robert."  He placed his signature using the first name "Leon" and the initial "R" for his middle name in item 32 (Signature of Member Being Separated) of this DD Form 214.

4.  He was honorably discharged from TNARNG on 11 August 1965 and transferred to the U.S. Army Reserve (USAR).  He was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard of Tennessee and as a Reserve of the Army) showing in item 1 (Name (Last, First, Middle Initial)) his first name as "Leon" and the middle initial "R" for his middle name.

5.  He completed and signed a DD Form 398 (Statement of Personal History) on 3 August 1966.  He listed his first name as "Robert" and middle name as "Leon."

6.  He was discharged from the USAR on 7 August 1966 and enlisted in the Regular Army on 8 August 1966.  His DD Form 4, item 39 (Remarks), states his birth certificate was verified.  Item 41 of the DD Form 4 shows he was administered an oath and enlisted under the first name "Leon" and the middle name "Robert."  He also signed all enlistment documents using his first and middle names in that order.

7.  He was released from active duty under honorable conditions on 4 June 1968 and transferred to the USAR Control Group (Reinforcement).  Item 1 of his DD Form 214 shows his first name as "Leon" and middle name as "Robert."  He placed his signature using the first name "Leon" and the initial "R" for his middle name in item 32.

8.  He was discharged from the USAR on 31 July 1968 and issued orders showing his first name as "Leon" and middle initial as "R."

9.  He provided a copy of a State of Tennessee Division of Vital Records certification of live birth issued on 10 October 2004 that was certified to be a true 

copy of the original certificate filed in the State of Tennessee.  This document identifies a male registrant with the first name "Robert" and middle name "Leon" was born on 26 February 1943, the same birth date as the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Except for the DD Form 398 dated 3 August 1966, the evidence of record shows the applicant enlisted in the TNARNG, served in the USAR, and enlisted in Regular Army using the first name "Leon" and middle name "Robert."  Throughout his periods of service in the TNARNG, USAR, and Regular Army up to his separations, he served under those first and middle names as evidenced by his military service records.

2.  In his case, the records and separation documents reflect the first and middle names he preferred to use at the time of his enlistment in the Regular Army and under which this military service was performed.

3.  While his desire to have the records changed is understandable, there is 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.  

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 first and 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.



      _________________________
                 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)                                         AR20100013162



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ABCMR Record of Proceedings (cont)                                         AR20100013162



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