IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110023813
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, in effect, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 13 October 1956 and 13 August 1957, to show his middle name is "Exxxxxxe" and not "Exxxxd."
2. The applicant states that he requested the correction, but it was never completed.
3. The applicant provides no additional evidence.
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 complete military records are not available 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, a reconstructed record contains sufficient documentation for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the applicant was inducted into the Army of the United States on 14 October 1954 and he was honorably released from active duty on 13 October 1956 and transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows his middle name as "Exxxxd."
4. He was ordered to active duty from the USAR and entered an active duty status on 14 October 1956 and honorably released from active duty on 30 August 1957 and reverted to the USAR. His DD Form 214 shows his middle name as "Exxxxd."
5. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served under and was separated under the middle name that is shown on his 1956 and 1957 DD Forms 214. It appears he may have begun using the requested middle name after he was separated. Therefore, the available evidence is not sufficient to correct his DD Forms 214 to show the requested middle name.
2. While the applicant's desire to have his DD Form 214 changed is understandable there is no basis for compromising the integrity of the Army's records. 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.
3. He is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his reconstructed record, and the middle name that is listed on his DD Form 214, and to satisfy his desire to have his current middle name documented.
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) AR20110023813
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ABCMR Record of Proceedings (cont) AR20110023813
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