BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100019491 


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 the middle name that is recorded on his
DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the middle name on his DD Form 214 is incorrect.  It shows "J____, A____ Vonald"; however, it should be "J____, A____ Vonley".

3.  The applicant provides copies of this DD Form 214 and a 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 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 served on active duty from 9 December 1969 through 29 July 1971.

3.  The applicant's available records do not include any documents prepared at the time of his enlistment.  All copies of orders and administrative records, including his DA Form 20, show the name "J____, A____ V."  The only document containing a full name is the DD Form 214 that shows his name as "J____, A____ Vonald". 

4.  The information on the birth certificate is consistent with the same information contained on the military records as to his place and date of birth and his parent's names.  This certificate shows the name "A____ Vonley J____."

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.  The item 1 entry on the DD Form 214 is to be entered name in all capital letters as shown on the ERB and compared to contract for possible name change.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the middle name on his DD Form 214 is incorrect.  It shows "J____, A____ Vonald"; however, it should be "J____, A____ Vonley".

2.  There is no evidence as to what middle name the applicant enlisted or served under.  Absent evidence that the applicant served under the "J____, A____ Vonley" or "J____, A____ Vonald" it can not be determined what full name the applicant served under while in the service.  In light of this fact, the entry on the DD From 214 should reflect the name the applicant served under as reflected on the DA Form 20, "J____, A____ V."

3.  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.  While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

4.  Therefore, further correction of the record to show a complete middle name is not appropriate.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his full name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on DD Form 214 the name "J____, A____ V."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to entering a complete middle name on the DD Form 214.



      _______ _ 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)                                         AR20100019491





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ABCMR Record of Proceedings (cont)                                         AR20100019491



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