IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110004622
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 all of his Army records to show his first name as "Axxxxx" vice "Txxxxx."
2. The applicant states he went into the service with the first name of "Txxxxx" but his birth certificate shows his first name as "Axxxxx."
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the National Personnel Records Center, a birth certificate, diploma, social security card, and a driver's license.
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 records show he was inducted into the Army of the United States (AUS) on 28 December 1965. In conjunction with his induction, he signed an acknowledgement of service obligation, dated 28 December 1965, wherein his first name is listed as "Txxxxx." He authenticated this form by placing his signature in the appropriate place using this first name.
3. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his first name as "Txxxxx." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this first name.
4. His records contain numerous personnel, finance, medical, and legal documents including a record of a Servicemens Group Life Insurance Election, assignment orders, and various other orders that show his first name as "Txxxxx."
5. He was honorably released from active duty on 8 December 1967 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 11 days of creditable active service. The DD Form 214 he was issued shows his first name as "Txxxxx" and his date of birth as 20 June 1946.
6. The applicant provides a State of Illinois birth certificate, undated, that shows a child with his last name and the first name of "Axxxxx" was born on 20 June 1946.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon his induction into the AUS on 28 December 1965, the applicant listed his first name as "Txxxxx." This first name is consistent with the first name he used on various documents throughout his period of military service. He authenticated several documents by placing his signature in the appropriate place indicating his name was correct. He did not use the first name that he now claims during his period of military service.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants first name in this case. However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File to explain the difference between the first name on his birth certificate and the name that is recorded in his military record.
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) AR20110004622
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110004622
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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