IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100028613 


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 the name that is recorded in his military records.

2.  The applicant states the first and middle names in his military records are incorrect in that they are transposed.  He registered for the U.S. Armed Forces as "Charles John K-----" not knowing his name was actually "John Charles K-----."

3.  The applicant provides a copy of his State of Minnesota, Certificate of Live Birth.

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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States (AUS) on 14 October 1965.  Item 1 (Last Name - First Name - Middle Name) shows the entry, "K-----, Charles John."

3.  An Armed Forces Induction Station, Minneapolis, MN, Acknowledgement of Service Obligation, shows the applicant acknowledged he had been inducted into the AUS on 14 October 1965.  It also shows the applicant's signature
(i.e., "Charles John K-----").

4.  A DA Form 873 (Certificate of Clearance and/or Security Determination) shows a local files check was completed pertaining to the applicant.  It also shows in Part I (Basic Information) for:

   a.  "Last Name - First Name - Middle Name" the entry, "K-----, Charles J", and

   b.  "Date of Birth (Day, Month, Year)" the entry, "13 Oct[ober] 19--."

   c.  On 17 June 1966, "Charles J. K-----" was granted a Confidential security clearance.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 14 October 1965, he was honorably released from active duty on 26 September 1967, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  He had completed 1 year, 11 months, and 13 days of active service this period.  It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name) the entry, "K-----, CHARLES JOHN," and

   b.  item 32 (Signature of Person Being Transferred or Discharged) the applicant's signature (i.e., "Charles John K-----").

6.  Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 09-1211260, dated 30 September 1971, shows that "K-----, CHARLES J" was honorably discharged from the USAR on 13 October 1971.

7.  There isn't a request from the applicant for correction of his name or an approved official name change in the applicant's military personnel records.

8.  In support of his request, the applicant provides a copy of a State of Minnesota, Certificate of Live Birth, that shows "JOHN CHARLES K-----" was born on "October 13, 19--."  This document was certified by the Local Registrar on 28 July 2000 as a "True Copy" of the original record filed in the County of Stearns, St. Cloud City, MN.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the DD Form 4, Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  The instructions for item 1 state "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Live Birth shows the name "John Charles K-----."

2.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported that his name was "Charles John K-----."  Thus, for reasons that are not known, the applicant used the name "Charles John K-----."

3.  The applicant's signature on his induction document clearly shows that he signed the document with the name (i.e., "Charles John K-----").  In addition, the applicant's preferred first and middle names were consistently recorded in his official military service records, including his DD Form 214, when he was released from active duty and also on his orders when he was discharged from the USAR.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records, including his DD Form 214.

5.  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 first and middle names in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  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.

7.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100028613



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ABCMR Record of Proceedings (cont)                                         AR20100028613



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