IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027712 


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 with the suffix "Jr." to indicate his status as a junior.

2.  He states that although "Jr." is a part of his name, it was omitted from his name at the time of his entry into the U.S. Army.

3.  The applicant provides his birth certificate.

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
14 December 1965.  He was honorably released from active duty on
25 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 9 months, and 12 days of total active service.

3.  A thorough review of every document contained in his available military personnel and medical records, many of which bear his signature, shows that his name consistently appears as D---d A----w M--s" without the suffix "Jr."

4.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his name as "D---d A----w M—s" without the suffix "Jr."  Item 32 (Signature of Person Being Transferred or Discharged) shows he signed this form as
"D---d A. M--s" without using the suffix "Jr."

5.  He provides a copy of his Certificate of Birth issued by the Georgia Department of Public Health Bureau of Vital Statistics which shows his name as "D---d M--s, Jr."  This document also shows his father's name as "D---d M--s, Sr." to indicate his status as a senior.

6.  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 established standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 was 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.  The applicant's contention that his military records should be corrected to change his name by adding the suffix "Jr." was carefully considered and determined to lack merit.

2.  The evidence of record shows his name consistently appeared as
"D---d A----w M--s" without the suffix "Jr." on every document in his available service personnel and medical records throughout his period of military service.  He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate blocks with a middle name or initial and without adding the suffix "Jr."

3.  Based on his birth certificate he claims his name is "D---d M—s, Jr."; however, it is not the name he used when he was inducted into, served, and released from active service, and this does not change the conditions and circumstances that existed at the time his service records were created.
4.  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 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.  

5.  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 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 name recorded in his military record and to satisfy his desire to have his correct 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)                                         AR20100027712



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ABCMR Record of Proceedings (cont)                                         AR20100027712



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