BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100019283
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 reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from Active Duty) to amend item 6b (Pay Grade) from "E-3" to "E-4." As a new and separate issue, he requests correction of his first name on several Army documents from "Mickey" to "Nickey."
2. The applicant states, in effect, his DD Form 214 does not properly reflect his pay grade. He states his commander promoted him to specialist four by verbal order and his DD Form 214 does not reflect that promotion. He concludes by stating his first name is "Nickey," not "Mickey."
3. The applicant provides:
* DD Form 214
* Special Orders Number 53, dated 13 March 1974
* DA Form 3078 (Personal Clothing Request)
* U.S. Army Armor Center (USAARMC) Form 885 (Clothing Showdown Inspection)
* Special Orders Number 259, dated 18 December 1972
* Special Orders Number 332, dated 27 November 1972
* DA Form 3749 (Equipment Receipt)
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. With respect to his pay grade at the time of his discharge, this issue was considered by the ABCMR in Docket Number AC84-04789 on 5 December 1984.
3. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision, provided it has not previously been reconsidered. The staff of the Board reviewed his request for reconsideration for correction of his records to show he was discharged in pay grade E-4 and determined that his request for reconsideration was not received within 1 year of the ABCMR's original decision and did not contain any new evidence. His request for reconsideration does not meet the criteria outlined above; therefore, this portion of the applicant's request will not be discussed further in these proceedings.
4. The applicant was inducted into the Army of the United States on 19 July 1972. He completed training and was awarded military occupational specialty (MOS) 95B (Military Policeman). His first name at the time of his induction as stated on his DD Form 47 (Record of Induction) was "Nickey."
5. His DA Form 20 (Enlisted Qualification Record) shows his first name as "Nickey."
6. He was honorably discharged on 5 March 1974. He was credited with 1 year, 7 months, and 17 days of active service. His first name as stated on his DD Form 214 is "Nickey."
7. In support of his application, he provides three Army forms and two special orders which show his first name as "Mickey."
* DA Form 3078
* USAARMC Form 885
* Special Orders Number 259, dated 18 December 1972 (no-travel-involved reassignment orders)
* Special Orders Number 332, dated 27 November 1972 (permanent change of station orders)
* DA Form 3749
8. Army Regulation 635-5 (Separation Documents) 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 applicant contends that various official documents within his record should be corrected to show his correct first name.
2. Upon his induction on 19 July 1972, his first name was correctly listed as "Nickey." This first name is consistent with the first name that appears on nearly all of the documents in his service record throughout the entire period of his military service to include his DD Form 214.
3. It is acknowledged that the documents he submitted contain an error. Unfortunately, typographical errors such as typing an "M" for an "N" are common, and the applicant successfully served in the Army with that error on those documents. There is no evidence that he is currently being harmed by the error on those documents.
4. At this point in time, correcting those five documents would serve no useful purpose and there is a reluctance to recommend that those records be changed. The DD Form 214 is the document used to record the military history of a separated individual, and the applicant's first name is correctly spelled on his
DD Form 214.
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) AR20100014579
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ABCMR Record of Proceedings (cont) AR20100019283
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