IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100024934 


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 records to show the spelling of his first name as “Roosevelt” instead of “Rosevelt.”

2.  He states his name on his birth certificate and DA Form 3027 (U.S. Army Request for National Agency Check) is “Roosevelt W-------.”  

3.  He provides:

* DA Form 137 (Installation Clearance Record)
* Certificate of Birth, dated 7 September 1961
* Separation orders, dated 11 March 1969
* DA Form 3027, dated 5 April 1966

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’s service record contains a Certificate of Birth from the Wake County Health Department, Raleigh, NC, issued on 7 September 1961, which shows the spelling of his first name as “Rosevelt.” 

3.  He enlisted in the Regular Army on 21 March 1966.  Item 1 (Last Name – First Name – Middle Name) on his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his first name as “Rosevelt” and he signed the contract with the spelling of his first name as “Rosevelt.”  

4.  He was released from active duty on 20 March 1969.  Item 1 (Last Name- First Name-Middle Name) on his DD Form 214 was authenticated by the applicant at the time of release and he signed his name using the first name of “Rosevelt.”

5.  The documents in his service personnel records show his first name both as “Rosevelt” and “Roosevelt.”  

6.  He provided a copy of his Certificate of Birth, dated 17 July 2008.  This birth certificate shows the spelling of his first name as “Rosevelt,” but it was lined through and the handwritten entry of “Roosevelt” was entered on the document.  

7.  Army Regulation 635-5 (Separation 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.  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.  The applicant’s birth certificate issued on 7 September 1961 shows the spelling of his first name as “Rosevelt.”  His birth certificate issued on 17 July 2008 also shows the spelling of his first name as “Rosevelt,” but this entry was lined through and the spelling “Roosevelt” was handwritten on this document.  

3.  Although he appears to be currently using the first name of “Roosevelt,” his service record contains documents which show the spelling of his first name both as “Rosevelt” and “Roosevelt.”  While his desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so that a record of the name he is currently using 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)                                         AR20100024934



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ABCMR Record of Proceedings (cont)                                         AR20100024934



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