IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110008581 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as T----s instead of
A----w.

2.  The applicant states all of his military records show his middle name 
as A----w.  A----w is the Christian name his family gave him but not his legal middle name.  All of his verification documents submitted at the time of his enlistment show his legal middle as T----s.  His recruiter had him sign a paper stating he wished to have his middle name shown as A----w.  He is unable to prove his status as a veteran due to this error.  He did not understand the consequences of using a family name instead of his legal middle name at the time of his enlistment.

3.  The applicant provides:

* his DD Form 214
* his Certificate of Live Birth from Tulare County, Visalia, CA
* three pages of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* page 3 of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States)
* his DA Form 3286-59/1 (Statement for Enlistment, United States Army Enlistment Option, U.S. Army Delayed Enlistment Program)
* his DA Form 3286-63 (Statement for Enlistment, United States Army Training Enlistment Program)
* his orders to report for basic combat training
* a computer printout from the Social Security Administration
* a D10NW (State of New Jersey Motor Vehicle Commission Abstract of Driver History Record)
* a DD Form 372 (Request for Verification of Birth)
 
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.  He enlisted in the Regular Army on 27 December 1990 for a period of 2 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).

3.  His DD Form 1966 and DD Form 4 show his middle name as A----w.  He signed his name using the middle name A-----w or the initial "A."

4.  Documents throughout his official military personnel file (OMPF) show his middle name as A----w.

5.  He was released from active duty on 14 November 1993.  He completed 
2 years, 10 months, and 18 days of active service that was characterized as honorable.  His DD Form 214 shows his middle name as A----w.

6.  He went on to serve 9 months and 22 days in the Virginia Army National Guard (VAARNG).  His DD Form 1966, DD Form 4, and NGB 22 (National Guard Bureau, Report of Separation and Record of Service) show his middle name as A----w.

7.  The Certificate of Live Birth he submitted shows his middle name as T----s.

8.  The printout from the Social Security Administration shows he changed his middle name from A----w to T----s on his social security account.
9.  The D10NW he submitted shows his middle initial as "T."

10.  The DD Form 372 he submitted verifies his middle name as A----w.

DISCUSSION AND CONCLUSIONS:

1.  His application for enlistment, enlistment documents, and documents throughout his OMPF show his middle name as A----w.  The fact that he went on to serve in the VAARNG using the middle name A----w is also noted.

2.  It appears the applicant is now using the name that appears on his claimed Certificate of Birth.  While the applicant's desire to have his military records changed is understood, there is no basis for compromising the integrity of the Army's records 18 years after his separation.

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 his legal middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document, which confirms his legal middle name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his legal middle 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.



ABCMR Record of Proceedings (cont)                                         AR20110008581





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008581



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1