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ARMY | BCMR | CY2011 | 20110015152
Original file (20110015152.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110015152 


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 that his military records be corrected to show that his middle name is “Calvin” instead of “Crowford.”

2.  The applicant states that his mother gave him the middle name of “Calvin”; however, he was delivered by a mid-wife who could not read or write and it was incorrectly recorded.  However, he obtained a copy of his birth certificate which shows that his middle name is “Calvin.”

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and a copy of his birth certificate showing his middle name as “Calvin.”

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 was inducted in Mobile, Alabama on 10 September 1964 under the middle name of “Crowford.”  He completed basic training at Fort Gordon, Georgia, and advanced individual training as a cook at Fort Knox, Kentucky.

3.  He continued to serve through a series of continuous reenlistments and he was promoted to the pay grade of E-6 on 18 October 1968.

4.  On 12 August 1974, he was discharged under honorable conditions under the middle name of “Crowford.”  He had served 9 years, 5 months, and 28 days of active service and he had 158 days of lost time due to being in prison. 

5.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army of the United States and served under the middle name of “Crowford” his entire period of service.

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 legal 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 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 name recorded in his military record and to satisfy his desire to have his middle name documented in his OMPF.  Accordingly, there is no basis for granting the applicant’s requested relief.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20110015152



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ABCMR Record of Proceedings (cont)                                         AR20110015152



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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