IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20110024500
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) for the period ending 22 November 1965 to show the spelling of his first name as "GERARD" instead of "GERALD."
2. He states his name was misspelled.
3. He provides his DD Form 214 for the period ending 22 November 1965, birth certificate, two driver's licenses, and Veterans Universal Access Identification.
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 complete military records are not available to the Board. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 19 November 1963. His first name is shown as "GERALD." He completed a DD Form 398 (Statement of Personal History) on 6 January 1964 and he signed the form showing the spelling of his first name as "GERALD." This form also shows the suffix "Junior" and his father's first name is shown as "GERALD."
4. His DA Form 20 (Enlisted Qualification Record) shows his first name as "GERALD." He signed this document showing his first name as "GERALD."
5. He was honorably released from active duty on 22 November 1965 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 for this period shows the spelling of his first name as "GERALD."
6. He enlisted in the Regular Army on 8 February 1966. He signed his enlistment contract showing his first name as "GERALD." Armed Forces Examining and Induction Station Special Orders Number 22, dated 8 February 1966, show the spelling of his first name as "GERARD." The remaining documents in his military personnel records show the spelling of his first name as "GERALD."
7. He was released from active duty on or about 20 December 1970. His service record doesn't include a DD Form 214 for this period of service.
8. He provides the following documents which show his first name as "GERARD":
* birth certificate
* New Jersey driver's license
* U.S. Virgin Islands driver's license
* Veterans Universal Access Identification
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his DD Form 214 for the period ending 22 November 1965 to show the spelling of his first name as "GERARD," except for one document all other documents in his military service records show he served during this period using the spelling of his first name as "GERALD."
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the spelling recorded in his military records and to satisfy his desire to have the current spelling of his 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 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) AR20110024500
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ABCMR Record of Proceedings (cont) AR20110024500
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