IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110018505 


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 records be corrected by deleting the letter “d” from the end of his first name.

2.  The applicant states that he assumed that his name was spelled the same as his father’s and grandfather’s first name; however, when he looked at his birth certificate he discovered that his name was not spelled with a “d” on the end.  He also states that he did not discover the error until he filed for benefits with the Department of Veterans Affairs (VA).

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Honorable Discharge Certificate, birth certificate, and VA identification card.

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 into the Army of the United States in Baltimore, Maryland on 20 August 1965 using a first name that ended with the letter “d.”  He served his entire period of service using that spelling of his first name and he signed all of the documents in his official records with a “d” at the end of his first name.

3.  He completed basic training at Fort Jackson, South Carolina and advanced individual training as a movement specialist at Fort Eustis, Virginia before being transferred to Oakland, California.

4.  On 18 September 1966, he was transferred to Vietnam where he served until 9 August 1967 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) on 10 August 1967 as an overseas returnee.  His DD Form 214 issued at the time of his REFRAD shows that his first name contains the letter “d” as the last letter.  Additionally, the applicant signed his DD Form 214 using the letter “d” as the last letter of his first name.

5.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his name shown in his military records should be changed by deleting the letter “d” from the end of his first name.  However, contrary to the applicant's contention, the fact that the name shown in his military records is different than the name he currently uses does not necessarily constitute an error.

2.  The evidence of record shows the applicant enlisted, served, and was honorably released from active duty using a first name that ended in the letter “d.”  There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 first name in his military records as it is recorded on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  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 last name recorded in his military record and to satisfy his desire to have first name documented in his OMPF as it is listed on his birth certificate.

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)                                         AR20110018505



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ABCMR Record of Proceedings (cont)                                         AR20110018505



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