IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016080 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his full name as "S____ L___ E____" instead of "S___ E______, Jr."

2.  The applicant states he gave a fictitious name when he entered the service and this name is recorded on his DD Form 214.

3.  The applicant provides his birth certificate and 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.  The applicant's records show he was inducted into the Army of the United States on 8 March 1967.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows his full name as "E______, S___ Jr." [no middle name].

3.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same full name as that shown on his induction record.  On 13 March 1967, he reviewed this form and authenticated it by placing his signature in item 47 (Signature of Individual) using this full name of "S___ E______, Jr."

4.  He was honorably discharged on 23 October 1968 for the purpose of immediate enlistment in the Regular Army.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the same name as that shown on his induction record.  He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using this full name.

5.  He executed a 4-year enlistment in the Regular Army on 24 October 1968.  Item 5 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Contract) lists his full name as "E______, S___ Jr."  He also authenticated this form by placing his signature in the appropriate blocks using this full name.

6.  His records contain several official personnel documents including a record of emergency data, a record of Servicemen's Group Life Insurance, an application for a military identification card, a record of nonjudicial punishment, court-martial records, separation packet, clothing records, assignment and reassignment orders, and various medical records that show his full name as "E______, S___ Jr."  He authenticated several of these forms using this name.

7.  He was discharged on 25 June 1970 by reason of unfitness.  Item 1 of the DD Form 214 he was issued shows his full name as "E______, S___ Jr."  He also authenticated this form by placing his signature in item 32 using this name.

8.  He provided a copy of a birth certificate, issued 5 January 2007, that shows the name "S____ L___ E____."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his induction and his subsequent enlistment in the Army, the applicant listed his name as "S___ E______, Jr."  This full name is consistent with the full name on several documents in his service record throughout his entire military service.  He authenticated several documents by placing his full signature in the appropriate block, indicating his name was correct.  He did not use the requested name during his military service.

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.

3.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.

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 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)                                         AR20100016080



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016080



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1