IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110017267
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 middle name shown in his official military personnel file (OMPF) from Hxxxxxxxx to Axxxxxx, as reflected on his Social Security Card and Certificate of Live Birth.
2. The applicant states from kindergarten through high school his mothers maiden name was listed on his records.
3. The applicant provides copies of his Social Security Card and Certificate of Live 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. The applicant was inducted into the Army on 11 October 1972. His DD Form 47 (Record of Induction) shows his middle name as Hxxxxxxx.
3. The middle name Hxxxxxxxx or the initial "H" is shown on every document in his OMPF.
4. There are no documents contained in his OMPF showing Axxxxxx as his middle name or "A" as his middle initial.
5. The applicant was released from active duty on 10 October 1974. His
DD Form 214 (Report of Separation from Active Duty) shows Hxxxxxxxx as his middle name.
6. The Social Security Card and the Certificate of Live Birth he submits shows Axxxxxx as his middle name.
7. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. The Army has an interest in maintaining its records for historical purposes. The information contained therein should reflect an individuals service as it existed at the time of release from active duty, retirement or discharge. He served in the Army using Hxxxxxxxx as his middle name. There are no documents contained in his official military record showing Axxxxxx as his middle name.
3. Although the Social Security Card and the Certificate of Live Birth he submits shows Axxxxxx as his middle name, the applicant did not use this middle name while he was in the Army. Therefore, it would not be appropriate to amend his DD Form 214 to show this middle name. A copy of these proceedings will be placed in his OMPF to clarify the differences in the middle names and satisfy his desire to have the current middle name documented in his OMPF.
4. In view of the foregoing, the applicants request should be denied.
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) AR20110017267
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ABCMR Record of Proceedings (cont) AR20110017267
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