IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024193
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 his first name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states his first name is Elxxx not Edxxx.
3. The applicant provides his birth certificate in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His enlistment record shows his first name is Edxxx. He enlisted in the Regular Army on 19 March 1957 for a period of 3 years. He served as an artillery communications specialist and was released from active duty on 3 March 1960 and transferred to the U.S. Army Reserve to complete his remaining service obligation.
3. Item 1 of his DD Form 214 shows his first name is Edxxx. Item 34 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows a legible signature and Edxxx is the first name.
4. All of his service personnel records show the first name Edxxx.
5. In support of his claim, he provided a handwritten birth certificate which shows his first name is Elxxx.
6. Army Regulation 635-5 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. In pertinent part it states that 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. His enlistment record and service personnel records show the first name Edxxx. It appears he appropriately served on and was separated from active duty under the first name Edxxx. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicants DD Form 214. This Board action will be filed in the applicants military records so a record of his first name will be on hand.
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) AR20100024193
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ABCMR Record of Proceedings (cont) AR20100024193
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