IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110002590 


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 "Hxxxx" instead of "Exxxxxx." 

2.  The applicant states all his other paperwork show his first name as "Hxxxx."  He would like his DD Form 214 to show a similar name. 

3.  The applicant provides his certificate of birth, issued on 25 September 2006.

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.  In connection with his enlistment in Regular Army (RA), the applicant completed DD Form 98 (Armed Forces Security Questionnaire).  His first name was listed as "Exxxxxx" and he authenticated this form by placing his signature in the appropriate place using this first name.

3.  He enlisted in the RA on 22 August 1958.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) also shows his first name as "Exxxxxx." 

4.  His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) that were created upon his entrance into the Army show the same first name as that shown on his enlistment document.  He reviewed the DA Form 20 at a later date and authenticated it by placing his signature in the appropriate block using the first name of "Exxxxxx."

5.  His records contain several official personnel documents including a record of Emergency Data, Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records that show his first name as "Exxxxxx."  He authenticated several of these forms using this name.

6.  He was honorably released from active duty on 24 July 1961.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Exxxxxx."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

7.  He provided a copy of his birth certificate listing his first name as "Hxxxx."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon enlistment in the Army, the applicant listed his first name as "Exxxxxx."  This first name is consistent with the first name that he used throughout his period of military service.  He authenticated the documents in his record indicating that his name was correct.  He did not use the first name of "Hxxxx" during his period of military service.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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.
3.  Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed the applicant's military service records, including the DD Form 214, were correct at the time they were prepared and there is insufficient evidence to grant him relief in this case.  However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File so a record of the first name he currently uses will be available.

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)                                         AR20110002590



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ABCMR Record of Proceedings (cont)                                         AR20110002590



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