IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110011810
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 (Report of Separation from the Armed Forces of the United States) to show his middle name as "Ernest" instead of "Fred."
2. The applicant states his birth name is "H____ Ernest L____."
3. The applicant provides his birth certificate and 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 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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States in Milwaukee, WI, on 1 April 1952. This form also shows his most significant assignment as Company H, 224th Infantry Regiment.
4. He completed 1 year, 9 months, and 8 days of creditable active service, of which 1 year, 2 months, and 25 days was foreign service. He was honorably separated on 8 January 1954.
5. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his full name as "L____, H____ Fred Jr." He authenticated this form by placing his signature in the proper block using the middle initial "F."
6. He provides a birth certificate that contains the middle name "Ernest."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his middle name as "Ernest" instead of "Fred."
2. The applicant's induction record is not available for review with this case. It is unclear what name the applicant used upon his induction into the Army. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his middle name as "Fred."
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
4. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the middle name under which he served. 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 now desires to record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
5. A copy of this decisional document along with the application will be filed in his military service records. This should serve to clarify any questions or confusion regarding the applicant's different middle names and adequately document his middle name in his record.
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) AR20110011810
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ABCMR Record of Proceedings (cont) AR20110011810
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