IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110013092 


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 the spelling of his first name.

2.  The applicant states the correct spelling of his first name is Stephen and not Steven as listed on his DD Form 214.  He claims upon his entry on active duty his name was initially misspelled and this error is chronic in both his military and Department of Veterans Affairs (VA) records.

3.  The applicant provides his:

* Social Security card
* Wisconsin Driver License
* Medicare Health Insurance 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.  The applicant enlisted in the Regular Army on 22 November 1969 for a period of 3 years.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) prepared for his enlistment lists his first name as Steven.  All documents prepared during the applicant’s enlistment processing, including a DD Form 398 (Statement of Personal History) he filled out lists his first name with this same spelling he now claims is incorrect.  The applicant also signed the DD Form 398 using the spelling of his first name he now claims is incorrect.

3.  His DA Form 20 (Enlistment Qualification Record) prepared upon his entry on active duty on 28 May 1969, lists his first name as Steven in Item 1 (Name and Social Security Number).  The applicant authenticated this record with his signature in Item 47 (Signature of Individual) using the first name Steve.

4.  All the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) show his first name as Steven.

5.  On 4 January 1972, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years,
6 months, and 23 days of total active service.  The first name entered in Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued at the time is Steven, which is the same first name on his enlistment record and his DA Form 20.  The applicant authenticated this document with his signature in item 32 (Signature of Person Being Separated) using the spelling of his first name Steven he now claims is incorrect.

6.  The record gives no indication that the applicant ever attempted to correct or change his name while serving on active duty.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.   It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing of the DD Form 214, and states for Item 1, enter last name, first name, and full middle name or names, if any.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his military records to reflect a different spelling of his first name has been carefully considered.  However, the record shows he entered, served, and was released from active duty under the first name listed on his DD Form 214.

2.  Absent any evidence to confirm he attempted to correct, or that his first name was changed/corrected while he was still serving on active duty, it is presumed he voluntarily chose to serve using the first name recorded in his military records.

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 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.  The applicant is advised that a copy of this decisional document, which confirms his correct first name, will be filed in his 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 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)                                         AR20110013092



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ABCMR Record of Proceedings (cont)                                         AR20110013092



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