IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100028880
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 first name as "M***h" vice "M******l."
2. The applicant states his first name is incorrectly spelled on his DD Form 214.
3. The applicant provides his DD Form 214, certificate of birth, and passport.
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. On 1 October 1968, in conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he indicated his first name was "M******l." He authenticated this form by placing his signature in the appropriate place using the first name of "M******l."
3. He was inducted into the AUS on 2 October 1968. His Acknowledgement of Service Obligation listed his first name as "M******l." He authenticated this form by placing his signature in the appropriate block using this first name.
4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his first name as "M******l." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this first name.
5. His records contain numerous personnel, finance, and legal documents including a record of a Servicemens Group Life Insurance Election, assignment orders, and various other orders that show his first name as "M******l."
6. He was honorably released from active duty on 1 October 1970 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 2 years of creditable active service. The DD Form 214 he was issued shows his first name as "M******l."
7. The applicant provides his birth certificate and his passport wherein his first name is listed as "M***h."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon induction into the AUS on 2 October 1968, the applicant listed his first name as "M******l." This first name is consistent with the first name he used on various documents throughout his period of military service. He authenticated several documents by placing his signature in the appropriate block indicating his name was correct. He did not use the first name that he now claims during his period of military service.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants first name in this case.
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) AR20100028880
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ABCMR Record of Proceedings (cont) AR20100028880
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