IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017397
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 military records by changing his middle name from John to Patrick.
2. He states his original birth certificate contained an error.
3. He provides:
* Two birth certificates
* A Michigan State driver license
* His Social Security Account Number (SSAN) Card
* A certificate of baptism
* His DD Form 214 (Report of Separation from the Armed Forces of the United States)
* A Certificate of Service Armed Forces of the United States
* A Selective Service System Registration 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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The following documents were provided by the applicant:
a. A copy of his DD Form 214 shows he enlisted in the Army on 20 March 1952. On 18 February 1955, he was released from active duty with an honorable characterization of service. Item 1 (Last Name, First Name, Middle Name) shows his middle name as John.
b. His certificate of baptism and a Michigan Department of Health, Record of Birth, show his middle name as John.
c. A Selective Service System Registration Certificate which shows he registered on 27 December 1949. His middle name is shown as John.
d. His driver license and SSAN card show his middle name as Patrick.
e. A second State of Michigan Certificate of Live Birth, amended on 27 July 2011 shows his middle name as Patrick.
4. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. He provided copies of an amended birth certificate, an SSAN card, a driver license, and a certificate of baptism which all show his middle name as Patrick. However, his Selective Service System Registration Certificate and DD Form 214 show he registered and later enlisted in the military using the middle name John.
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 middle name as Patrick 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. He is advised that a copy of this decisional document which confirms his correct 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 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) AR20110017397
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017397
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001063946C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: Correction of his military records to show his middle name as J___ vice L____, and to correct his date of birth (DOB) to read 18 December 1958 vice 11 December 1954 and to correct his place of birth (P.O.B.) EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2012 | 20120022005
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 March 1962 as follows: * change his name to "S____ R____ O'R____ V____-R____" * change his year of birth to 1928 * change his place of birth to London, England, United Kingdom 2. His year of birth was not changed.
ARMY | BCMR | CY2012 | 20120017611
ARMY | BCMR | CY2011 | 20110005516
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the proper spelling of his first name and the correct next-to-the-last digit in his Social Security Account Number (SSAN). His DD Form 47 (Record of Induction) shows his first name as Ernest and that he had no middle name. His DD Form 214 does not show a middle name.
ARMY | BCMR | CY2008 | 20080014324
Item 1 on the applicants DD Form 214 for the period ending 5 May 2002 shows his middle name is Darnell. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 on his DD Form 214 to show he held MOS 31R for 5 years and 9 months. ________XXX______________ 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.
ARMY | BCMR | CY2014 | 20140016148
Application for correction of military records (with supporting documents provided, if any). Review of the applicant's official military personnel file (OMPF) reflects his middle name as "Edward" throughout his record. The evidence of record shows he served on active duty under the same middle name he provided upon his enlistment.
ARMY | BCMR | CY2013 | 20130006145
The applicant requests correction of his records to show his middle name as Kirkland instead of Keith and his birth year as 1933 instead of 1932. 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. This should serve to clarify any questions or confusion regarding the difference in the year...
ARMY | BCMR | CY2014 | 20140005526
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's complete service personnel records are not available for review; however, his DD Form 214 shows he served on active duty from 4...
ARMY | BCMR | CY2002 | 2002075883C070403
The applicant requests that his home of record (HOR) be changed to reflect that his permanent address was McColl, South Carolina at the time of his entry into the Army. His DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) list his current address as Greensboro, North Carolina, and his home of record address as McColl, South Carolina. That all of the Department of the Army records related to this case be corrected by showing that the applicant’s HOR at the...