IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009530 


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 military records by changing his name from "Edgar M____ P____, Jr." to "E. M____ P____, Jr."

2.  He states that at the time of his enlistment he was instructed by his recruiter to use his father's first name because his only consisted of the initial "E."

3.  He provides copies of:

* his birth certificate and registration notice
* his social security card

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.  His records show he enlisted in the Regular Army on 26 July 1968.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his first name as "Edgar" in item 5 (Last Name – First Name – Middle Name).

3.  His records contain a second DD Form 4 which shows he reenlisted in the Regular Army on 18 April 1969.  This document also shows his first name as "Edgar."

4.  Documents generated while he was on active duty all show his first name as "Edgar."
 
5.  The applicant's records contain two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 17 April 1969 and 17 April 1973.  Both documents show his first name as "Edgar" in item 1 (Last Name – First Name – Middle Name).  Item 21 (Signature of Member Being Separated) of these forms also show he signed his name using the full first name of "Edgar."

6.  On 25 January 1975, he enlisted the U.S. Army Reserve (USAR).  The DD Form 4 for this period shows he used the initial "E." as his first name in item 5.

7.  During his USAR service, his records show an Application for Identification Card, Servicemen's Group Life Insurance Election Form, Record of Emergency Data Card, and DA Form 2-1 (Personnel Qualification Record – Part II) which all reflect his first name as "E."

8.  He provides copies of his birth certificate, birth registration notice, and social security card.  All three documents show his first name as "E."

9.  According to standard style manuals regarding the use of name suffixes, the most common name suffixes are senior and junior which are written with a capital first letter when abbreviated as in "Jr." and "Sr."  The term "junior" is correctly used only if a child is given exactly the same name as his or her parent.  Sons with a different middle name or initial may also be called "junior" as a nickname, but unless the names are identical, the "Jr." suffix is never used.

10.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.



DISCUSSION AND CONCLUSIONS:

1.  His request to correct his military records by changing his first name from "Edgar" to "E." was carefully considered; however, it is not supported by the evidence of record.

2.  He provides copies of his birth certificate and social security card which verify his first name as "E."  However, he recorded his first name as "Edgar" during the first 5 years of his active military service.  Although he reenlisted in the USAR in 1975 and used the initial "E." as his first name on all documents for that period of service and after, it is not a sufficient basis to show an error on injustice occurred on the part of the Army.

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 correct his first 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.  He is advised that a copy of this decisional document which confirms his correct first name, will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his correct first 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 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)                                         AR20110009530



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ABCMR Record of Proceedings (cont)                                         AR20110009530



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