IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020762 


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 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the name on his DD Form 214 is incorrect.  It shows
"T-----, JOEL ULYSSESS"; however, it should be "T-----, JOEL ULYSSES."  He states that he didn't know how to spell his middle name correctly.

3.  The applicant provides copies of his State of Illinois Certificate of Live Birth, Social Security Card, Iowa Identification Card, Department of Veteran Affairs (VA) card, and DD Form 214.

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.  A copy of State of Illinois, Certificate of Live Birth, shows "Joel Ulysses T-----" was born on 17 June 19--.  This document was certified as a "True Copy" of the original document by Master Sergeant Thomas P. S---, Senior Guidance Counselor, on 17 April 1997.

3.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) was completed by the applicant on 15 April 1995 to determine his eligibility for enlistment.  It shows in:

   a.  section I (Personal Data), block 2 (Name - Last, First, Middle Name, Jr., Sr., etc.), the entry "T-----, Joel Ulyssess";

   b.  section IV (Certification), block 28 (Certification of Applicant), "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief."  The applicant placed his signature in this block; and

   c.  block 29 (Data Verification by Recruiter) shows the applicant's name was verified based on his birth certificate.

4.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 17 April 1997 and then in the Regular Army (RA) for a period of 3 years on 6 May 1997.  It also shows in:

   a.  section A (Enlistee/Reenlistee Identification Data), block 1 (Name - Last, First, Middle), the entry "T-----, JOEL ULYSSESS";

   b.  section D (Certification and Acceptance), block 13b (Signature of Enlistee/ Reenlistee), the applicant's signature (i.e., "Joel Ulyssess T-----");

   c.  section H (Confirmation of Enlistment or Reenlistment), block 22a (In a Regular Component of the Armed Forces), "I, JOEL ULYSSESS T-----, do solemnly swear (or affirm)…."; and

   d.  block 22b (Signature of Enlistee/Reenlistee) the applicant's signature
(i.e., "Joel Ulyssess T-----").

5.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 3 years on 24 June 1999.  It also shows in:

   a.  section A, block 1, the entry "T-----, JOEL ULYSSESS";

   b.  section D, block 13b, the applicant's signature (i.e., "Joel Ulyssess T-----");

   c.  section E (Confirmation of Enlistment or Reenlistment), block 15 (In the Armed Forces Except the National Guard (Army or Air)), "I, JOEL ULYSSESS
T-----, do solemnly swear (or affirm)…."; and

   d.  block 18a (Signature of Enlistee/Reenlistee) the applicant's signature
(i.e., "Joel Ulyssess T-----").

6.  The applicant's DD Form 214 shows he entered active duty on 6 May 1997, was honorably retired from active duty on 22 November 2000, and transferred to the USAR Control Group (Retired).  He had completed 3 years, 6 months, and
17 days of net active service this period.  It also shows in:

   a.  item 1 (Name - Last, First, Middle) the entry "T-----, JOEL ULYSSESS" and

   b.  item 21 (Signature of Member Being Separated) the applicant's signature.

7.  There isn't a request from the applicant for correction of his middle name or an approved official name change in the applicant's military personnel records.

8.  In support of his application, the applicant provides copies of his Certificate of Live Birth, Social Security Card, and Iowa Identification Card that show his name as "Joel Ulysses T----."

9.  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.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  Item 1 states enter name in all capital letters; compare
ERB/ORB to contract for possible name change.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant provided a copy of his State of Illinois Certificate of Live Birth that reported the name "Joel Ulysses T-----" was recorded on his birth certificate. However, for reasons that are not known, the applicant chose to use the name "Joel Ulyssess T-----."

   a.  The applicant's signature on his enlistment and reenlistment contracts clearly shows he signed these documents with his preferred name (i.e., "Joel Ulyssess T-----").

   b.  In addition, the applicant's preferred spelling of his middle name was consistently recorded in his official military service records, including his
DD Form 214 when he retired from active duty.

2.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant are insufficient evidence to warrant a change to the name in his official military service records, including his
DD Form 214.

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.  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 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.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20100020762



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ABCMR Record of Proceedings (cont)                                         AR20100020762



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