IN THE CASE OF:	

		BOARD DATE:	 24 May 2012 

		DOCKET NUMBER:  AR20110024113 


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 item 1 (Last Name -First Name - Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

* delete the initial A
* show his middle name as Frederick vice Fredrick.

2.  The applicant states, in effect, his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214.

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's records show he enlisted in the Regular Army (RA) on 18 September 1963 at 17 years of age and he held military occupational specialty 35G (Medical Equipment Repairer).

3.  In conjunction with his enlistment in the RA, a DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 18 September 1963, was completed wherein his middle name is shown as Fredrick.  This form does not show an initial as part of his full name.  The applicant's mother authenticated this form by placing her signature in the appropriate block.  The applicant authenticated this form by placing his full signature in the appropriate block with his middle name shown as Fredrick.

4.  His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 18 September 1963, shows his middle name as Fredrick.  This form does not show an initial as part of his full name.  He authenticated this form by placing his full signature in the appropriate block with his middle name shown as Fredrick.

5.  On 6 October 1963, he completed a DD Form 398 (Statement of Personal History) wherein he listed his middle name as Fredrick.  He did not list an initial as part of his full name.  He authenticated this form by placing his signature in the appropriate block.

6.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his middle initial as F.  He authenticated this form by placing his signature in the appropriate block on 16 August 1965 and reviewing the form at a later date.  

7.  His record contains numerous personnel, finance, legal, and medical documents including assignment orders that show his middle initial as F.

8.  On 23 August 1966, he was honorably released from active duty and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 6 days of creditable active service.

9.  Item 1 of the DD Form 214 he was issued shows the initial "A" between his first and middle name and shows his middle name as "Fredrick."



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his enlistment in the RA the applicant did not list his full name with the initial A as part of his name.  It appears an error was made when his DD Form 214 was prepared and the letter A was inadvertently inserted between his first and middle name.  Therefore, he is entitled to correction of his DD Form 214 to delete the initial A. 

2.  With respect to the correction of his middle name to Frederick, the evidence of record shows the applicant listed his name as Fredrick upon his enlistment in the RA.  This middle name is consistent with the middle name shown on various documents throughout his period of service.  He authenticated several documents by placing his signature in the appropriate place indicating his middle name was 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 and there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  Therefore, there is an insufficient evidentiary basis for granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 1 of his DD Form 214 the initial A. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the correction of records to show his middle name as Frederick.  



      _______ _   _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)                                         AR20110024113





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ABCMR Record of Proceedings (cont)                                         AR20110024113



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