IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100030005 


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.

3.  The applicant provides copies of his State of Arizona, Certificate of Live Birth; U.S. Passport; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 398 (Statement of Personal History) was completed by the applicant on 11 July 1966 as part of his enlistment processing, prior to him entering military service.

   a.  In response to Item 1 (First Name - Middle Name - Maiden Name (If any) - Last Name) the applicant entered "Thomas Samuel S-----."

   b.  Item 3 (Alias(es), Nickname(s), or Changes in Name) shows he entered "(s) Dirty."

   c.  In response to the statement, "I certify that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith," the applicant signed the document "Thomas Samuel S----."

3.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army on 18 July 1966.  Item 1 (Last Name - First Name - Middle Name) shows the entry, "S-----, Thomas Samuel."  He signed the Oath of Enlistment with the signature "Thomas Samuel S-----."

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, "S-----, Thomas S";

   b.  "Date of Birth (Day, Month, Year)" the entry, "20 May 19--"; and

   c.  On 13 February 1967, "Thomas S. S-----" was granted a c onfidential security clearance.

5.  A DD Form 214 shows the applicant entered active duty on 18 July 1966, was honorably released from active duty on 1 July 1969, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years, 11 months, and 14 days of net active service. It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name) the entry, "S-----, THOMAS SAMUEL," and

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

6.  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.

7.  In support of his request the applicant provides the following documents:

   a.  A copy of a State of Arizona, Certificate of Live Birth, that shows "Samuel Thomas S-----" was born on May 20, 19--.  This document was certified by the Assistant State Registrar on 12 February 1982 as a true and exact copy of the document officially filed in the Vital Records Section, Department of Health Services, Phoenix, AZ.

   b.  A copy of the personal information page of a U.S. Passport that shows the passport was issued on 3 May 2007 to "S-----, Samuel Thomas" who was born on 20 May 19--.

8.  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 "Samuel Thomas
S-----."

2.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his name was "Thomas Samuel S-----."  Thus, for reasons that are not known, the applicant chose to use the name "Thomas Samuel S-----."


3.  The applicant's signature on his enlistment document clearly shows that he signed the document with his preferred name (i.e., "Thomas Samuel S-----").  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 honorably released from active duty.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant are 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 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)                                         AR20100030005



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030005



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1