IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014590
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
Alfred instead of Marcel.
2. He states this was a clerical error made when he was discharged and it was not noticed until he applied for benefits.
3. He provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and birth certificate.
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. The applicant provided his birth certificate filed on 9 September 1946 which shows his middle name as Alfred.
3. On 23 December 1965, he completed a DD Form 398 (Statement of Personal History) in which he indicated in block 1 (First Name Middle Name Maiden Name (If any) Last Name) that his middle name was Marcel Alfred. In block 3 (Alias(s), Nickname(s), or Changes in Name (Other than by Marriage)), he crossed out the entry Marcel and he entered the name Alfred. He signed this document using the middle name Marcel.
4. He was inducted into the Army of the United States on 27 December 1965. His DD Form 47 (Record of Induction) shows his middle name as Marcel.
5. A review of the remaining documents in his service record revealed his middle name/middle initial as Marcel/M.
6. He was released from active duty on 20 December 1967. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his middle name as
Marcel.
7. He was issued a DD Form 215, dated 23 February 1968, which corrected the spelling of his last name in item 1 of his DD Form 214. His middle name was not changed.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 applicants contention that a clerical error was made when he was discharged is acknowledged. Although he provided a birth certificate which shows his middle name as Alfred his service record shows he was inducted into the Army and served on active duty using the middle name/middle initial of Marcel/M.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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, those records should not be changed.
3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference of the middle name in his military records and to satisfy his desire to have his current 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) AR20110014590
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ABCMR Record of Proceedings (cont) AR20110014590
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