BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110006436
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, in effect, correction of his records to show the correct spelling of his first name.
2. The applicant states, in effect, the incorrect spelling of his first name was a typographical error.
3. The applicant provides copies of:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificate of Birth
* A letter from the Veterans Service Office
* A letter from the National Personnel Records Center (NPRC)
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 on 22 September 1973. On his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he spelled his first name Roschus.
3. He was ordered to active duty effective 7 December 1973. He was released from active duty on 23 April 1974 and was transferred to the USAR to complete his remaining service obligation. The DD Form 214 he received shows the spelling of his first name as Roschus.
4. The applicant was discharged from the USAR on 14 March 1978. He reenlisted in the USAR on 7 May 1979. His first name is spelled Roschus on his DD Form 4.
5. He reenlisted in the USAR on 7 May 1980. On his DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) his first name is spelled Roschus. He was discharged from the USAR to enlist in the Minnesota Army National Guard.
6. A review of the applicant's official military records reveals the same spelling of his first name (Roschus) on every document contained therein.
7. The applicant submitted a barely legible copy of his Certificate of Birth which shows the spelling of his first name as Roscious.
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected because it is misspelled.
2. The available evidence shows he enlisted in the USAR spelling his first name as Roschus. His name is spelled this way on every document contained in his official military records. There are no documents contained in his official record that show his first name spelled as Roscious.
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 will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding his social security number, and satisfy his desire to have his current social security number documented in his record.
5. In view of the foregoing, 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 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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