IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013429
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 all his records to show his first name spelled as "Dennis."
2. He states his first name on his Birth Certificate is spelled "Dennis" not "Denis."
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Certificate of Birth.
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. His military records show he was inducted into the Army on 26 April 1960.
3. A review of his records revealed that his DD Form 47 (Record of Induction), DA Form 20 (Enlisted Qualification Record), DA Form 24 (Service Record), DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), and not less than 16 other documents throughout his records including orders and medical documents show his first name spelled as "Denis." Documents containing his signature were signed using his first name as "Denis."
4. Exceptions revealed were a DA Form 348 (Driver Qualification Record), DA Form 10-195 (Individual Clothing Record), Army Europe Form (Report of Child Born Abroad of American Parent(s)), and a few medical documents showing his first name as "Dennis." His signature on the DA Form 348 and DA Form 10-195 is "Denis."
5. His records contain two separation documents (DD Forms 214) for the periods of active duty of 26 April 1960 through 13 May 1962 and 14 May through 30 July 1962. His first name on each of these documents is spelled "Denis."
6. The photocopy of the birth certificate he provided shows his first name as Dennis.
DISCUSSION AND CONCLUSIONS:
1. It is understandable that the applicant would like for his first name to be changed on all of his military records to show that which is on the birth certificate he provided; however, he has established no basis for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
2. While the applicant provides a copy of a birth certificate showing his first name as "Dennis," he enlisted, served, and was honorably released from active duty under the name shown in his military records. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Therefore, the copies of a birth certificate provided nearly 50 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records, to include his DD Forms 214.
3. A copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his correct name documented.
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) AR20110013429
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ABCMR Record of Proceedings (cont) AR20110013429
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