IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016394
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) for the period ending 24 July 1969 to show the first name of Albert instead of Abner.
2. He states, in effect, while serving in the military he was always addressed as Abner. He tried several times through his chain of command to correct his first name to Albert, but no one seemed concerned with him being addressed as Abner. He further states he tried to apply for health care benefits with the Department of Veterans Affairs (DVA) but his application will not be accepted until his first name is corrected on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* his State of South Carolina Department of Health and Environmental Control Birth Certificate card, issued on 18 July 2002, that shows his first name as Albert
* his Social Security Card with the first name Albert
* his State of South Carolina Department of Motor Vehicles Driver's License, issued on 8 August 2005, that shows his first name as Albert
* a DVA memorandum, dated 19 May 2010
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. The applicant was inducted into the Army of the United States on
26 September 1967.
3. All documents in his available service personnel and medical records show his first name as Abner.
4. On 24 July 1969, he was honorably released from active duty as an overseas returnee. His DD Form 214 shows his first as Abner. He also signed this document using the first name of "Abner."
5. 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 Soldiers 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 applicant provided several documents which show his first name as Albert; however, these documents are insufficient to change his first name on his DD Form 214. He has not shown that the Army's records are in error as all official documents contained in his available service personnel and medical records show he was recognized by and served under the name of Abner.
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his first name as Albert 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 the first name he now uses, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his current first 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) AR20100016394
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ABCMR Record of Proceedings (cont) AR20100016394
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