IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005105
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 first name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to read "Earnest."
2. The applicant states the error occurred when he entered active duty. He states the U.S. Army is giving him a plaque for his burial site and he needs the spelling of his first name corrected.
3. The applicant provides a copy of his DD Form 214 and birth certificate.
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. DD Form 47 (Record of Induction), dated 5 May 1966, shows the applicant's first name as "Ernest."
3. On 19 July 1966, the applicant was inducted into the Army of the United States under the first name "Ernest." A review of his military records shows he used this spelling of his first name during his entire period of service. On 23 July 1966, he signed his DA Form 20 (Enlisted Qualification Record) using this same spelling of his first name.
4. On or about 26 July 1966, the applicant completed his initial training and was awarded military occupational specialty 36B (Telephone Installation/Repair). He was subsequently assigned for duty at Fort Campbell, Kentucky.
5. On 2 August 1968, the applicant was discharged under honorable conditions. His first name is recorded as "Ernest" on his DD Form 214. He completed 1 year, 11 months, and 29 days of creditable active duty service. He signed this form using the same spelling of his first name.
6. The applicant provides a copy of his birth certificate issued on 2 September 2003. This document shows the spelling of his first name as "Earnest."
7. The Department of Veterans Affairs (VA) provides a headstone or marker free of charge to qualifying veterans and their spouses.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his first name should be corrected to read "Earnest" on his DD Form 214. The applicant states the error occurred when he entered active duty and wants it changed because the U.S. Army, in effect the VA, is giving him a plaque for his burial site.
2. The evidence of record clearly shows the applicant entered, served, and was discharged under the same spelling of his first name as shown on his DD Form 214. Furthermore, the applicant signed his name in the same manner.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming the current spelling of his first name, 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 current spelling of his first name and the spelling recorded in his military record and to satisfy his desire to have his name correctly documented in his record.
5. In view of the above, the applicant's request should be denied.
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 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) AR20110005105
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ABCMR Record of Proceedings (cont) AR20110005105
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