IN THE CASE OF:
BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100015008
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 (Certificate of Release or Discharge from Active Duty) to show his middle name as Emil.
2. The applicant states that his middle name is Emil.
3. The applicant provides a copy of 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 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. A review of the applicant's military personnel file failed to find a single document showing his middle name as anything other than Donald. The following are some of the documents in his record with his middle name as Donald and his signature using the same middle name or initial "D."
Form Number and Title
Form Date
DD Form 4 - Enlistment Contract
10 December 1968
DA Form 428 - Application for Identification Card
12 December 1968
DD Form 398 - Statement of Personal History
11 April 1969
DA Form 20 -Enlisted Qualification Record
9 September 1971
3. The applicant's DD Form 214, effective 13 September 1971, shows that he signed the form using the middle initial "D."
4. The applicant has provided a copy of his certificate of birth, issued on 10 May 2010, which shows his middle name as Emil.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his middle name as Emil.
2. The applicant served in the Army of the United States using the middle name currently recorded in his military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change of that name for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100015008
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100015008
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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