BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026064 


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 his name as "---ae- -uyle- Jr." instead of "---ea- -ylea- Jr."

2.  The applicant states while in school, his teacher made him spell his name as "---ea- -ylea- Jr."; however, after getting his birth certificate and his social security card, he found out that his name is spelled "---ae- -uyle- Jr."

3.  The applicant provides his:

* Birth Certificate
* Selective Service Registration Certificate
* Social Security Card
* 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.  The applicant was inducted into the Army of the United States on 12 April 1966.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows his full name as "---ea- -ylea- Jr."

3.  In connection with his induction, he completed a DD Form 398 (Statement of Personal History) on 12 April 1966.  He listed his full name as "---ea- -ylea-" and authenticated this form by placing his signature in the appropriate block as
"---ea- -ylea- Jr."

4.  He also completed DD Form 98 (Armed Forces Security Questionnaire) on
12 April 1966 that shows he signed his name as "---ea- -ylea- Jr.," as shown on his DD Form 47 and DD Form 398.

5.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same full name as that shown on his
DD Form 47.  On 13 March 1967, he reviewed this form and authenticated it by placing his signature in item 47 (Signature of Individual) as "---ea- -ylea- Jr."

6.  His records contain several official personnel documents including a record of emergency data, a record of Servicemen's Group Life Insurance, an application for a military identification card, promotion orders, clothing records, assignment and reassignment orders, and various medical records that show his full name as "---ea- -ylea- Jr."

7.  He was honorably released from active duty on 11 April 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the name "---ea- -ylea- Jr." as shown on all his other documents contained in his official military records.  He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using the same.

8.  He provided a copy of a social security card which shows the requested name as his full name.  He provides a copy of a birth certificate which shows the wrong first name (same as on his DD Form 214) but the right last name (as he requests it to be spelled).  He also provided a copy of his selective service registration certificate that shows the full name he claims is incorrect.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his induction, the applicant listed his name as "---ea- -ylea- Jr."  This full name is consistent with the full name on the documents in his official military record throughout his service.  He authenticated several documents by placing his full signature in the appropriate block as
"---ea- -ylea- Jr., indicating his name was correct.  He did not use the requested name during his military service.

2.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.

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 full 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 full name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the full name recorded in his military record and to satisfy his desire to have his correct full name documented in his OMPF.

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)                                         AR20100026064



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ABCMR Record of Proceedings (cont)                                         AR20100026064



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