IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019181
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 to reflect the spelling of his first name as it is reflected on his birth certificate.
2. The applicant states the spelling of his first name on his birth certificate differs from the spelling of his first name in his military records.
3. The applicant provides a copy of his birth certificate in support of the application.
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's records show that he enlisted in the U.S. Army Reserve for
8 years on 8 September 1960. The DD Form 4 (Enlistment Record-Armed Forces of the United States) lists his first name using the spelling he now claims is incorrect. All other documents prepared during his enlistment processing also lists his first name using the spelling he now claims is incorrect.
3. The applicant's DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record) also list his first name as it is spelled on his DD Form 4.
4. All official documents and orders in the applicant's Military Personnel Records Jacket (MPRJ) also list the first name using the spelling he now claims is incorrect. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him upon completion of active duty for training on
25 June 1961 also lists his first name using the spelling contained on his
DD Form 4, DA Form 24 and DA Form 20.
5. There are no discharge orders on file in the MPRJ. The record contains a service request detail sheet indicating the applicant was released from military service in November 1968. This document also lists his first name using the spelling contained throughout his MPRJ.
6. The applicant provides copies of his birth certificate which contains a different spelling of his first name.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the spelling of his first name in his military records to reflect the first name as it is listed on his birth certificate has been carefully considered. However, while it is understandable why the applicant would like the name in his military records changed to reflect his name as it is listed on his birth certificate 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.
2. The available records show the applicant entered, served, and was separated under the first name as it is listed on his DD Form 4, DA Form 24, DA Form 20, and on all documents and orders contained in his MPRJ. Absent evidence showing he attempted to correct or change his name while serving, it is presumed he voluntarily chose to serve using the name recorded in his military records.
3. This Record of Proceedings will be filed in his MPRJ. This will provide clarity and deal with confusion arising from the difference in the spelling of his first name in his military records and the spelling of his first name on his birth certificate while guaranteeing the historical accuracy of the of the applicant's military record regarding the name under which he served.
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) AR20110019181
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110019181
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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