IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100029288
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 that his name be shown as "Michael Edward T____" vice "Edward Michel T____" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his real name is "Michael Edward T____."
3. The applicant provides copies of his birth certificate, social security card, DD Form 214, and DD Form 215 (Correction to DD Form 214) 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 27 October 1965. The DD Form 47 (Record of Induction), item 1 (Last Name First Name Middle Name), and all other documents prepared during his induction processing list his first and middle name as he now claims are incorrect. The applicant authenticated the DD Form 47 with his signature in item 13a (Convicted or Adjudicated of Crime Other Than Minor Traffic Violation No) using the first and middle names he now claims are in error.
3. The applicant's DA Form 20 (Enlisted Qualification Record) also lists his name in item 1 (Name Last, First, Middle Initial) as he now claims is incorrect. He authenticated this record with his signature using the name printed on the record. He last audited this record on 5 July 1967.
4. All official documents and orders in the applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) list the same first and middle names as they are recorded on his DD Form 47 and DA Form 20.
5. On 18 August 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve in the rank of private first class/E-3. The DD Form 214 he was issued lists the first and middle names in item 1 (Last Name First Name Middle Name) as recorded on his DD Form 47, DA Form 20, and all other documents in his MPRJ.
6. The applicant provides copies of his birth certificate and social security card that list his first and middle name as he now claims is correct.
7. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the name in his military record to the one recorded on his birth certificate has been carefully considered.
2. While it is understandable that 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.
3. The record shows the applicant was inducted, 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 the name recorded in his military records is accurate.
4. 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) AR20100029288
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ABCMR Record of Proceedings (cont) AR20100029288
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