IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110003847
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 change of the middle initial shown in his record from "M" to "V."
2. He states the middle initial in his record does not match his California identification, his driver's license, or his social security card.
3. He provides copies of his social security card, California identification card, and a letter from the Department of Veterans Affairs summarizing his military service.
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 enlisted in the U.S. Army Reserve Delayed Enlistment Program (DEP) on 19 September 1977. On 28 September 1977, he was discharged from the DEP and enlisted in the Regular Army. He was honorably released from active duty on 7 June 1982 and transferred to the USAR where he continued his service until his discharge on 29 June 1998. On 9 December 1999, he enlisted in the California Army National Guard and he was discharged on 1 September 2000.
3. Item 1 (Name) of the DD Form 4 (Enlistment or Reenlistment Agreement -- Armed Forces of the United States) and DD Form 1966 (Application for Enlistment -- Armed Forces of the United States) completed at the time of his initial enlistment shows he used a middle name beginning with "M."
4. Item 23 of the DD Form 1966 states "If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following." The form instructed him to provide his name as shown on his birth certificate and shows he wrote "M------ V------, A-----."
5. A review of his record shows he used the middle initial "M" throughout his military service.
6. The social security card and California identification card he provides show his middle initial as "V."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant chose to use a middle name beginning with "M" when he initially enlisted and continued to use that middle initial throughout his Army 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. While it is understandable the applicant desires to record the middle initial he currently uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name he currently uses.
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) AR20110003847
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