IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110023985 


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 records to show the spelling of his first name as "B--o---" instead of "B--u---."

2.  The applicant states he is trying to get a job as a corrections officer.  Having his name incorrectly listed on his military records is creating a problem for him joining the force.

3.  The applicant provides a copy of his driver's license and social security 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.  Item 2 (Name) of the applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 3 March 1998, shows his first name as "B--u---."  Section VIII (Statement of Name for Official Military Records) states in:

	a.  Item 39 (Name Change) "If the preferred enlistment name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and is the same as on your social security number card, complete the following."  The applicant entered in:

* Item 39a.  Name as shown on birth certificate:  "B--o--- R----a"
* Item 39b.  Name as shown on social security number card:
"B--u--- R----a"

	b.  Item 39c.  "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of "B--u--- R----a" by which I am known in the community as a matter of convenience and with no criminal intent.  I further state that I am the same person whose name is shown in item 2."

	c.  His Certificate of Live Birth was attached to this form wherein his first name is listed as "B--o---."

4.  The applicant enlisted in the Regular Army on 16 July 1998 for a period of
3 years.  He held the military occupational specialty 92Y (unit supply specialist).  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) listed his first name as "B--u---."  Additionally, he signed his enlistment document using the first name "B--u---."

5.  All of the documents contained in the applicant's military record that lists his first name show it as "B--u---."  Additionally, all of the documents in his military record containing his signature show his first name spelled as "B--u---."

6.  On 27 February 2004, he was honorably discharged.  He completed 5 years, 7 months, and 27 days of creditable active service.  Both his name and signature on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his first name as "B--u---."

7.  He provided a copy of his Georgia Driver's License, issued on 5 June 2007, and his social security card, issued on 22 November 2011.  These documents contain the name as shown on his Certificate of Live Birth.  The social security card shows a social security number identical to the one listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant indicated on his DD Form 1966 that he used "B--u---" in the community and as a matter of convenience he wanted this first name to be reflected as his first name on his official military records.  As such his DD Form 4 and all other military documents throughout his period of service, to include all documents containing his signature reflect his first name as "B--u---."

2.  The use of the first name "B--u---" was annotated as the preferred first name at his request; therefore, there is no error or injustice in his military records to correct.

3.  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 correct birth first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date since his Official Military Personnel File (OMPF) reflects the first name he chose to use.

4.  The applicant is advised that a copy of this decisional document, which confirms his legal first name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his legal first 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)                                         AR20110023985



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ABCMR Record of Proceedings (cont)                                         AR20110023985



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