BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110003574
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 military records to show his first name as "Meridith" instead of "Meredith."
2. The applicant states he was raised believing his first name was spelled "Meredith" and he only recently found that this was incorrect.
3. The applicant provides of his:
* Medicare Health Insurance card
* Certificate of Live Birth
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 December 1962
* DD Form 214 for the period ending 21 May 1963
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. He enlisted in the Regular Army on 5 January 1961 for a period of 3 years. Item 1 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 5 January 1961, records his first name spelled as "Meredith." In items 38 (Declaration of Applicant) and
41 (Oath of Enlistment) his signature shows his first name spelled as "Meredith."
3. On 9 December 1962, he was honorably discharged for the purpose of immediate reenlistment. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 records his first name spelled as "Meredith."
4. On 10 December 1962, he reenlisted for a period of 6 years. Item 1 of his
DD Form 4 records his first name spelled as "Meredith." In items 38 and 41 his signature shows his first name spelled as "Meredith."
5. On 21 May 1963, he was honorably discharged by reason of physical disability - existed prior to service. Item 1 of his DD Form 214 records his first name spelled as "Meredith." In item 34 (Signature of Person being Transferred or Discharged) his signature shows his first name spelled as "Meredith."
6. Documents throughout his Military Personnel Records Jacket (MPRJ) show the spelling of his first name as "Meredith."
7. His Medicare Health Insurance card shows his first name spelled as "Meridith."
8. A Certificate of Live Birth from the Ohio Department of Health records his first name spelled as "Meridith."
DISCUSSION AND CONCLUSIONS:
1. His MPRJ contains two DD Forms 4 and two DD Forms 214. These documents, as well as all other record documents in his MPRJ, record his first name spelled as "Meredith."
2. His Certificate of Live Birth and Medicare Health Insurance record his first name spelled as "Meridith."
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 first name in his military record, 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.
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