IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110020972
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Geary instead of Gary as the correct spelling of his first name.
2. The applicant states he believes a typographical error was made during the preparation of his DD Form 214.
3. The applicant provides copies of his Social Security Card and Alabama Driver License.
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 enlisted in the Regular Army on 4 November 1966. He spelled his first name Gary when he signed his DD Form 4 (ENLISTMENT RECORD ARMED FORCES OF THE UNITED STATES). He signed a 3AA Form 291 (STATEMENT OF UNDERSTANDING REGARDING ASSIGNMENT HOUSING, AND OVERSEA TRANSPORTATION FOR DEPENDENTS) on 4 November 1966 and he spelled his first name Geary. He signed an Acknowledgment of Service Obligation under UMT&S Act as Amended by Reserve Forces Act of 1955 and REP 63 Program and spelled his fist name as Gary.
3. The applicant spells his first name both ways when he signed the numerous documents contained in his official military personnel file (OMPF) which required his signature.
4. On 25 May 1967, the applicant was discharged under honorable conditions, due to unsuitability. In item 1. (LAST NAME, FIRST NAME, MIDDLE INITIAL) on the applicants DD Form 214, his first name is spelled Gary. In item 32 (SIGNATURE OF PERSON BEING TRANSFERRED OR DISCHARGED) the applicant spelled his first name Gary when he signed his DD Form 214.
5. The Social Security Card and the Alabama Driver License he submits shows the spelling of his first name as Geary.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) 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
3. Although his name is spelled Geary on the Social Security Card and the Alabama Driver License he submits, the applicant served in the Army signing his first name both ways (Gary and Geary). His name is spelled the same way in item 1 as he signs his name in item 32 on his DD Form 214. Therefore, it would not be appropriate to amend his DD Form 214 to show Geary as the spelling of his first name. Copies of his Social Security Card and Alabama Driver License will be placed in his official military record for future reference.
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) AR20110020972
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ABCMR Record of Proceedings (cont) AR20110020972
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