IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100014061
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 (Report of Separation from Active Duty) to show his middle name as "Harry" instead of "Harrel."
2. He states his DD Form 214 incorrectly shows his middle name as "Harrel" instead of "Harry."
3. He provides a copy of:
* his Commonwealth of Virginia Certificate of Live Birth
* a letter from the Department of Veterans Affairs (DVA), dated 29 January 1997
* a notice from the Social Security Administration (SSA)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 10 March 1976 for a period of 6 years. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) show his middle name as Harrel. He signed all enlistment documents using "Harrel" as his middle name.
3. On 6 April 1976, he was discharged from the USAR DEP and he enlisted in the Regular Army on 7 April 1976 for a period of 3 years. His DD Form 4c (Enlistment or Reenlistment Agreement (Continuation Sheet)) shows his middle name as "Harrel" and he signed this form using this middle name.
4. A review of the documents contained in his Official Military Personnel File (OMPF) shows his middle name consistently appears as "Harrel" and he consistently signed his middle name as "Harrel."
5. On 3 November 1976, he was honorably released from military control. The DD Form 214 he was issued at the time shows his middle name as "Harrel."
6. He provides a copy of a Certificate of Live Birth, issued on 16 May 2005, which was certified to be a true copy of the official record filed with the Virginia Department of Health. This document identifies a male registrant with the same first and last names as the applicant's who was born on 1 March 1946 with the middle name of "Harry."
7. He provides a letter from the DVA Regional Office located in Atlanta, GA which shows his middle name as "Harrel." He also provides a letter from the SSA whereon his middle name is shown as "Harry."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides 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 evidence of record shows the applicant enlisted in the Regular Army using the middle name of "Harrel." Evidence also shows that from the time of his enlistment through the date of his release from active duty, he consistently used and signed the middle name of "Harrel."
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle name, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.
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) AR20100014061
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ABCMR Record of Proceedings (cont) AR20100014061
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