IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016476
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 that his military records be corrected to show his first name is correctly spelled "Johnny" instead of "Johnnie."
2. The applicant states all of his Department of Veterans Affairs records reflect his first name as "Johnny."
3. The applicant provides a copy of his:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* South Carolina Department of Health and Environmental Control, Division of Vital Records, Columbia, SC Card
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 enlisted in the Regular Army on 4 June 1964 for a period of
4 years.
3. Item 1 (Last Name - First Name - Middle Name) of the applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his first name as "Johnnie." He signed his name using "Johnnie" in item 28 and in item 41 he signed his name as "Johnny."
4. The applicant's Acknowledgment of Service Obligation Under UMT&S Act as Amended by Reserve Forces Act of 1955 (Form 3AA) shows his first name as "Johnnie" and he signed his name as "Johnnie."
5. The applicant signed his name as "Johnnie" on his Statement of Understanding Regarding Assignment, Housing, and Overseas Transportation for Dependents.
6. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his first name as "Johnnie."
7. Headquarters, 6th Infantry Division and Fort Campbell, Fort Campbell, KY Special Orders Number 135, Extract, dated 28 May 1968, released the applicant, among others, from active duty. He is identified on these orders with the first name as "Johnnie."
8. On 3 June 1968, the applicant was released from active duty. Item 1 (Last Name - First Name - Middle Name) on his DD Form 214 shows his first name as "Johnnie."
9. Documents throughout the applicant's Military Personnel Records Jacket (MPRJ) show the spelling of his first as "Johnnie."
10. The South Carolina Department of Health and Environmental Control, Division of Vital Records, Columbia, SC Card, submitted by the applicant shows the spelling of his first name as "Johnie."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his first name is correctly spelled "Johnny" instead of "Johnnie."
2. The applicant's DD Form 4, orders for separation, and DD Form 214 show the first name "Johnnie." All other records in his MPRJ identify him with the first name of "Johnnie."
3. The card submitted by the applicant identifies him with the first name of "Johnie," a third version of the spelling of his first name.
4. 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. While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the difference in the spelling of his name. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which he served.
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) AR20100016476
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