IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011203 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as Kainoa.

2.  The applicant states his middle name is misspelled on his DD Form 214 as Kainoi and should read Kainoa.

3.  The applicant provides his DD Form 214 and a Standard Certificate of Birth from the territory of Hawaii.

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.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were destroyed, lost, or seriously damaged in that fire.  All available documents were considered during the review of this case.

3.  The applicant was inducted into the Army of the United States on 7 February 1957.

4.  Special Orders Number 26, issued by the U.S. Army Personnel Center, Schofield Barracks, HI, dated 6 February 1959, shows only his middle initials as "K. D."

5.  On 26 February 1959, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Hawaii Military District to complete his remaining Reserve obligation.  He completed 2 years and 20 days of total active service.  Item 1 of his DD Form 214 he was issued at the time shows his middle name as Kainoi.  He authenticated this document with his signature in item 34 using his full first name, two middle initials, and full last name.

6.  The Standard Certificate of Birth provided by the applicant shows his middle name as Kainoa.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record; it is not an investigative body.  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's records are not available for review and the applicant has not provided any evidence to show he entered and served under the middle name he now contends is correct.  He authenticated his DD Form 214 using his middle initial and his available record only shows his middle initial; therefore, it is not possible to determine if an error occurred.  Lacking evidence to the contrary, there is insufficient evidentiary basis for granting the applicant's requested relief.


2.  For historical purposes, the Army has an interest in maintaining the integrity of its existing 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.  There is insufficient compelling reason for compromising the integrity of the former Soldier's records at this late date.

3.  The applicant is advised that a copy of this decisional document, which confirms his correct middle name, will be filed in his reconstructed 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 correct 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)                                         AR20110011203



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ABCMR Record of Proceedings (cont)                                         AR20110011203



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