BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019492


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 the fourth letter of his first name as a "M" instead of "N."  He further requests a copy of his initial entrance audiogram [hearing test].

2.  The applicant states his first name is misspelled on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Texas driver's license
* Department of Veterans Affairs (VA) identification card
* social security 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 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 the applicant's request for a copy of his initial entrance audiogram, requests of this nature are handled by the National Archives and Records Administration Center.  Such requests can either be made through the mail or online using the National Archive's eVetRecs System found at http://www.archives.gov/veterans/military-service-records.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  On 6 July 1964 prior to his induction into the Army of the United States (AUS), he completed a DD Form 98 (Armed Forces Security Questionnaire) on which he indicated his first name was "A__N."  He authenticated this form by placing his signature in the appropriate place using this first name.

4.  On 13 July 1965, he was inducted into the AUS.  His first name, as depicted in item 1 (Last Name, First Name, Middle Name) on his DD Form 47 (Record of Induction), was "A__N."  His first name, as depicted on Special Orders Number 8, Armed Forces Examining and Entrance Station, dated 13 July 1965, was "A__N."

5.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows the same first name as that shown on his induction record.  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this first name.

6.  His records contain various official personnel and medical documents that show his first name as "A__N" authenticated by him using this first name.  These include, but are not limited to:

* Standard Form 89 (Report of Medical History)
* several special orders
* DA Form 3054 (Elections of Amount, Beneficiary Designation, and Amount of Settlement Options for Servicemen's Group Life Insurance)
* DD Form 1407, Dependent Medical Care and DD Form 1173 Statement)
* DA Form 10-195 (Individual Clothing Record)

7.  On 12 July 1967, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group to complete the remainder of his service obligation.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name as "A__N."  He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using this first name.

8.  He provides copies of his Texas driver's license, his VA identification card, and his social security card.  In the case of his Texas driver's license and his VA identification card, both were issued after his completion of military service.  In the case of his social security card, its date of issue cannot be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his induction into the AUS, the applicant listed his first name as "A__N."  This first name is consistent with the first name found on the majority of documents contained in his service record throughout his entire period of military service.  He authenticated many documents by placing his full signature in the appropriate block indicating his name was correct.

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, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant 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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20100019492



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