IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110024939 


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 reflect his full name without the suffix "Jr." 

2.  The applicant states his full name was not recognized as "Jr." 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Live Birth
* Certificate of Birth and Baptism

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 enlisted in the Regular Army (RA) on 7 March 1988.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment/ Reenlistment Document) listed his full name as "Agxxx, Juxx Lixxxx, Jr."  He authenticated this form and allied documents by placing his signature in the appropriate items using this name, including the suffix "Jr." 

3.  His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty listed his full name with the suffix "Jr."  He authenticated this form at a later date by placing his signature in the appropriate item using this name and the suffix "Jr." 

4.  His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, a separation packet, a record of nonjudicial punishment, a DOD security questionnaire, and various other orders that show his full name with the suffix "Jr."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this suffix.

5.  He was honorably released from active duty on 6 March 1990.  Item 1 of his DD Form 214 listed his full name and the suffix "Jr."  He authenticated this form by placing his signature in the appropriate item using his full name with the suffix "Jr." 

6.  He provides a birth certificate and a baptism certificate which shows his full name without the suffix "Jr." 

7.  Army Regulation 635-5 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 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.  The evidence of record shows the applicant used the suffix "Jr" with his name upon his initial enlistment in the RA.  The full name he used, including the suffix, is consistent with the full name on all official military records throughout his military service.  He authenticated several forms that contain his full name, including the suffix "Jr."  

2.  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.  

3.  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 full name without the suffix in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  Therefore, he is not entitled to the requested relief.

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)                                         AR20110024939



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ABCMR Record of Proceedings (cont)                                         AR20110024939



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