IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100019688 


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 spelling of his first name as B---ie instead of B---y.

2.  The applicant states his first name is misspelled on his DD Form 214 and he needs the correction to avoid confusion with the Department of Veterans Affairs (DVA).

3.  The applicant provides a copy of his DD Form 214, Medicare Health Insurance card, Commonwealth of Kentucky Certificate of Live Birth, and Tennessee Driver License.

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 was inducted into the Army of the United States on 8 June 1966.

3.  His Official Military Personnel File (OMPF) contains, among other documents, the following documents that show his first name as the name he now claims is incorrect:

* DD Form 47 (Record of Induction)
* DA Form 428 (Application for Identification Card) 
* DA Form 20 (Enlisted Qualification Record) 
* DA Form 137 (Installation Clearance Record)
* DA Form 1811 (Physical and Mental Status on Release from Active Duty)
* Army Good Conduct Medal and separation orders

The evidence also shows that of these documents requiring the applicant's signature, he signed with the first name B---y, the name he now claims is incorrect.

4.  He was honorably released from active duty on 19 May 1968.  His DD Form 214 shows his first name as the name he now claims is incorrect.

5.  There is no evidence in his OMPF showing that he ever served under the first name he now claims is correct.

6.  He provides copies of his Medicare card, birth certificate, and driver license.  All documents show his first name as the name he now claims is correct.

7.  Army Regulation 635-5 (Separations 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.  It 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's contention that his DD Form 214 should be corrected to show the spelling of his first name as B---ie instead of B---y has been carefully reviewed; however, evidence of record shows he served under the first name of B---y throughout his active service.

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.  While it is understandable the applicant desires to now record his correct first 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.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct first name, will be filed in his 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 correct first name documented in his OMPF.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100019688



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ABCMR Record of Proceedings (cont)                                         AR20100019688



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