IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029558
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 all of his military records to show his first name as E--k instead of E--c.
2. The applicant makes no statement.
3. The applicant provides a copy of his Certificate of 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. The applicant enlisted in the Regular Army on 29 November 1988. He completed initial entry training and he was awarded military occupational specialty of cavalry scout.
3. He reenlisted in the Regular Army on 20 August 1992. He was honorably released from active duty due to a reduction in force on 10 December 1993 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation. He completed a total of 5 years and 12 days of creditable active service.
4. He enlisted in the Army National Guard on 27 January 2001 where he served until his discharge on 26 January 2003. The highest rank/grade he attained was specialist (SPC)/E-4.
5. His DD Form 4 (Enlistment/Reenlistment Document) for his original enlistment in the Regular Army, other DD Forms 4, DD Forms 214 (Certificate of Release or Discharge from Active Duty), and all other documents in his military records show his first name as E--c.
6. The Certificate of Birth provided by the applicant shows his first name as E--k.
DISCUSSION AND CONCLUSIONS:
1. The applicant's desire to have his records changed is understood; however, he has established no basis for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
2. While he provides a Certificate of Birth that shows his name as E--k, he enlisted, served, and was honorably released from the military under the first name shown in his military records. There is no evidence of record or independent evidence that suggests the first name recorded in his military records exhibits a material error or injustice. Therefore, the Certificate of Birth he now provides is not sufficiently mitigating to warrant changing his military records, to include his DD Forms 214.
3. 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 name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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 first 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 first name recorded in his military record and to satisfy his desire to have his correct first 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) AR20100029558
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ABCMR Record of Proceedings (cont) AR20100029558
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