IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100027013
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 military records to show his first name as Wxxxxam.
2. The applicant states his first name was incorrectly shown as Wxxxie during his military service. He now wants to change his military records to show his first name as Wxxxxam.
3. The applicant provides copies of his birth certificate and social security card.
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. A review of the applicant's military personnel file failed to find a single document showing his first name as anything other than Wxxxie. The following documents show his first name and/or signature as Wxxxie and none show the first name as Wxxxxam.
* DD Form 47 (Record of Induction), dated 27 July 1961
* Acknowledgment of Service Obligation, dated 28 July 1961
* DD Form 4 (Enlistment Record - Armed Forces of the U.S.), dated
27 November 1964
* DD Form 4 (Enlistment Contract), dated 9 September 1970
* DD Forms 214 (Armed forces of the United States Report of Transfer or Discharge), dated 27 September 1961; 8 September 1964; 8 September 1970; and 1 September 1972
* DA Form 20 (Enlisted Qualification Record) that was last reviewed by the applicant on 22 October 1971.
3. The applicant has provided:
a. a copy of his certificate of birth, issued on 30 September 1999, which shows his first name as Wxxxxam; and
b. a copy of his social security card showing his first name as Wxxxxam.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show his first name as Wxxxxam.
2. The applicant served in the Army of the United States using Wxxxie as his first name and he never used Wxxxxam. The fact that he desires to change his first name for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming the middle name that he now uses will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current middle name and the one recorded in his military record.
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) AR20100027013
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ABCMR Record of Proceedings (cont) AR20100027013
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