BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100026239
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 record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct first name.
2. The applicant states his first name is misspelled on his DD Form 214 and should be "Ronald," not "Randall" as listed.
3. The applicant provides a copy of 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 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 record shows he was inducted into the Army of the United States on 10 May 1967. The DD Form 47 (Record of Induction) lists his first name as "Randall" in item 1 (Last Name First Name Middle Name). All other documents prepared during his induction processing, which include a DD Form 398 (Statement of Personal History) completed by the applicant, list his first name as "Randall." The applicant signed the DD Form 398 using the first name "Randall."
3. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty on 15 May 1967 also lists the first name "Randall" in item 1 (Name). The applicant authenticated this record with his signature using the first name "Randall" at the time it was prepared on 15 May 1967.
4. All official documents and orders in the applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) list the first name "Randall" as recorded in his DD Form 47 and DA Form 20.
5. On 9 May 1969, applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years of active military service. The DD Form 214 he was issued lists the first name "Randall" in item 1 as recorded on his DD Form 47, DA Form 20, and all other documents in his MPRJ.
6. The applicant provides a copy of his birth certificate which lists the first name "Ronald."
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 states the name as it is recorded in the military record will be entered in item 1 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the first name in his military record to the one recorded on his birth certificate has been carefully considered. However, while it is understandable why the applicant would like the name in his military records changed to the one listed on his birth certificate, 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.
2. The record shows the applicant entered, served, and was separated under the name as it is listed on his DD Form 47, DA Form 20, and all documents in his
MPRJ. Absent evidence showing he attempted to correct or change his name while serving, it is presumed he voluntarily chose to serve using the name recorded in his military records.
3. This Record of Proceedings along with the application and supporting documents will be filed in his military record. This will provide clarity and deal with confusion arising from the difference in the name in his military record and the one on his birth certificate while guaranteeing the historical accuracy of the of the applicant's military record regarding the name under which he served.
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 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) AR20100026239
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ABCMR Record of Proceedings (cont) AR20100026239
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