IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001318
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 (Report of Separation from the Armed Forces of the United States) to show his first name as "Benjamin" instead of "Benjamine."
2. The applicant states his first name is incorrect on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* a Department of Commerce, Bureau of the Census, Notification of Birth Registration from Lincoln, NB
* his MEDICARE Health Insurance Card, effective 1 July 1993
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. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The following portions of his available record show his first name and/or signature as "Benjamine." None show his first name as "Benjamin."
* Report of Medical Examination, dated 9 February 1953
* Report of Medical History, dated 23 August 1950
* Report of Medical Examination, dated 23 August 1950
* Letter Orders 9-14, issued by Headquarters, 224th Infantry, dated
4 September 1952
* Report of Emergency Data for the Armed Forces of the United States, dated in February 1951
* Veterans Administration (VA) Form 8-526 (Servicemans Statement Concerning Application for Compensation from the VA), undated
* DA Form 428 (Application for Identification Card), dated 9 August 1951
* FEC Form 418, undated
4. The applicant's Notification of Birth Registration and MEDICARE Health Insurance Card show the spelling of his first name as "Benjamin."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show the correct spelling of his first name as Benjamin.
2. The available record shows he served in the Army using the spelling of his first name as "Benjamine." The various documents contained in his available record also shows he signed these documents using the spelling of his first name that he now claims is incorrect. The fact that he now desires to change the spelling of his first name is not sufficiently mitigating to warrant the applicant's requested relief.
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 the correct spelling of his 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 the correct spelling of his 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 spelling of his first name recorded in his military record and to satisfy his desire to have the correct spelling of his 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) AR20110001318
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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