IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110013589 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994 to show his date of birth as 28 June 1948 and the spelling of his middle name as "Ernest."

2.  The applicant states his date of birth is 28 June 1948 and his middle name is spelled "Ernest."

3.  The applicant provides:

* birth certificate
* DD Form 214 for the period ending 31 May 1994

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.  A DD Form 215 (Correction to DD Form 214), dated 6 May 2003, amended item 5 of his DD Form 214 for the period ending 31 May 1994 to show his date of birth as 28 June 1948.  A copy of this DD Form 215 will be provided to the applicant.  This portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 31 July 1968 for a period of 2 years.  His enlistment contract shows his middle name spelled as "Earnest."  He served as an infantryman in Vietnam from 8 January 1969 to 30 July 1969.  On 25 July 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

4.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 for the period ending 25 July 1970 shows his middle name spelled as "Earnest."

5.  He enlisted in the RA on 7 May 1976.  He remained on active duty through continuous reenlistments until he retired on 31 May 1994 in the rank of staff sergeant.

6.  Item 1 (Name (Last, First, Middle)) of his DD Form 214 for the period ending 31 May 1994 shows his middle name spelled as "Earnest."

7.  All of his service personnel records show his middle name spelled as "Earnest."

8.  The applicant provides a copy of his birth certificate which shows his middle name spelled as "Ernest."

9.  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.  It states 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.  His enlistment record and service personnel records show his middle name spelled as "Earnest."  It appears he appropriately served on and he was retired from active duty under the middle name "Earnest."

2.  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 middle 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.

3.  The applicant is advised that a copy of this decisional document which confirms the correct spelling of his middle name 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 middle 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 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)                                         AR20110013589



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013589



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1