IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110003065
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 spelling of his first name as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states, in effect, the spelling of his first name should have been corrected at the time of enlistment. He kept being told that it would be taken care of and it never was. He finally thinks he has what he needs this time and that he is talking to somebody willing to help.
3. He provides:
* Birth Certificate
* DD Form 214
* Social Security Card
* Voided personal check
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 applicant's military record shows he enlisted in the Regular Army (RA) on 19 July 1978. Item 1 (Last, First, Middle. Jr., Sr., etc.) Name) and Item 16 (Certification of Enlistment Agreement) of his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows he enlisted under the first name spelled as "Mxxlxx." Items 18 and 32 (Signature of Applicant and Date) also shows he signed all enlistment documents using the spelling of his first name as "Mxxlxx."
3. Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows his first name is spelled as "Mxxlxx." He also signed his first name using this spelling in Item 34 (Signature).
4. On 16 June 1980, he completed and signed a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration) using the first name spelled as "Mxxlxx."
5. He was discharged on 16 June 1980 under the Expeditious Discharge Program.
6. Item 1 (Last, First, Middle) of his DD Form 214 shows his first name is spelled as "Mxxlxx." Item 32 (Signature of Member Being Separated) shows he signed his first name as it is shown on his DD Form 214.
7. His records contain no evidence that indicates he requested the correction of the spelling of his first name at any time during his period of enlistment.
8. He provided a certified copy of State of South Carolina Birth Certificate issued on 7 January 2011. This document identifies a male registrant with the first name spelled "Mxxixx" and the same middle and last names as the applicant was born on 14 June 1960.
9. He also provided copies of a Social Security Card and a voided personal check which show the spelling of his first name as "Mxxixx."
10. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214.
The regulation stated that Item 1 would list the last name, first name, and full middle name or names, if any, of the individual being separated.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA using the first name spelled as "Mxxlxx." Throughout his period of service up until he was discharged he spelled his first name as "Mxxlxx" as evidenced by his military service record.
2. In his case, his DD Form 214 reflects his first name as it was entered on his enlistment documents and the first name under which this military service was performed.
3. While his desire to have his records changed is understandable there is no basis for compromising the integrity of the Army's records. The Army has an interest in maintaining the integrity of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document along with the application and enclosures will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding the different first names.
5. In view of the foregoing, there is no basis for granting his request.
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) AR20110003065
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ABCMR Record of Proceedings (cont) AR20110003065
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