BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110010496
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect a first name of Robert.
2. The applicant states that he changed his first name from Bobby to Robert and he desires his DD Form 214 to be corrected so that he can use his Department of Veterans Affairs (VA) benefits to buy a house.
3. The applicant provides a copy of his DD Form 214.
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 was inducted in Philadelphia, Pennsylvania on 6 December 1965 under the first name of Bobby.
3. He was honorably released from active duty (REFRAD) on 11 October 1967. He had served 1 year, 10 months and 6 days of active service. His DD Form 214 issued at the time of his REFRAD shows that his first name was Bobby and he signed his DD Form 214 accordingly.
4. A review of his official records show that he served his entire period of service under the first name of Bobby and there is no evidence in the available records to show that an official name change was accomplished while he was serving on active duty.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted and served his entire period of service under the first name of Bobby and his records properly reflect such.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 have his current name listed in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document 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 name recorded in his military record and to satisfy his desire to have his legal name documented in his OMPF. Accordingly, there is no basis for granting the applicants requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ __X______ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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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