IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001078
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) to show his middle name as "Axxxxxx" vice "Txxxxx."
2. The applicant states his middle name is "Axxxxxx" not "Txxxxx. He noticed the error when filling out an exemption application and the institution to which he submitted the application requested a copy of his DD Form 214.
3. The applicant provides:
* Certificate of Service
* Certificate of Baptism
* Certificate of Birth
* Certificate of Marriage
* Certificate of Marriage Registration
* 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 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 applicants 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 the applicants records were lost or destroyed in that fire. The primary source document used in this case is the DD Form 214 provided by the applicant. However, the DD Form 214 is considered sufficient documentation to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States in Bronx, NY, and entered active duty on 2 July 1957. He held the military occupational specialty 140.00 (Field Artillery).
4. On 11 June 1959, he was honorably released from active duty. His DD Form 214 shows his middle name as "Txxxxx." He authenticated his DD Form 214 by placing his signature in the appropriate block. The middle initial he used cannot be determined it could be either an unusual T or an unusual A.
5. He provided a certificate of service which lists his middle initial as "T."
6. He provided a Certificate of Baptism which lists his middle name as "Axxxxxx."
7. He provided a Certificate of Birth which lists his middle name as "Axxxxxx."
8. He provided a Certificate of Marriage and Certificate of Marriage Registration which lists his middle name as "Axxxxxx."
DISCUSSION AND CONCLUSIONS:
1. The available evidence from his military records shows the applicant's middle name was listed as "Txxxxx." This is the only middle name used in his available military records. Unfortunately, the only available record at this point in time is the DD Form 214.
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. 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 middle name in his military records as they are recorded on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records were correct at the time and there is insufficient evidence to grant him relief in this case. However, a copy of this Record of Proceedings will be filed in his official military personnel file to show the middle name he now uses.
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) AR20120001078
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001078
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001322
The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), be corrected to show his last name as "Dxxxx" in lieu of Hxxxxx. The FSM's record contains: a. DD Form 4 (Enlistment Record - Armed Forces of the United States), Item 1 (Last Name - First Name - Middle Name) shows he enlisted under the name of "Wxxxxxx Txxxxx Hxxxxx." The evidence of record shows throughout his period of RA service,...
ARMY | BCMR | CY2011 | 20110017397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by changing his middle name from John to Patrick. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
ARMY | BCMR | CY2011 | 20110017267
The applicant requests correction of the middle name shown in his official military personnel file (OMPF) from Hxxxxxxxx to Axxxxxx, as reflected on his Social Security Card and Certificate of Live Birth. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There are no documents contained in his official military record showing Axxxxxx...
ARMY | BCMR | CY2014 | 20140016148
Application for correction of military records (with supporting documents provided, if any). Review of the applicant's official military personnel file (OMPF) reflects his middle name as "Edward" throughout his record. The evidence of record shows he served on active duty under the same middle name he provided upon his enlistment.
ARMY | BCMR | CY2001 | 2001063946C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: Correction of his military records to show his middle name as J___ vice L____, and to correct his date of birth (DOB) to read 18 December 1958 vice 11 December 1954 and to correct his place of birth (P.O.B.) EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2012 | 20120012195
The applicant requests, in effect, correction to his military records and DD Form 214 (Report of Separation from Active Duty) to show his first name as Hxxxxxxxx. _______ _ 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) AR20120012195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2012 | 20120022005
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 March 1962 as follows: * change his name to "S____ R____ O'R____ V____-R____" * change his year of birth to 1928 * change his place of birth to London, England, United Kingdom 2. His year of birth was not changed.
ARMY | BCMR | CY2010 | 20100028555
The applicant's military records are not available for review. The applicant's request for correction of his DD Form 214 to show his middle name as "AXXXXXX" instead of "SXXXXXX" was carefully considered and was determined to have merit. __________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.
ARMY | BCMR | CY2013 | 20130018655
Application for correction of military records (with supporting documents provided, if any). The applicant's record contains a DD Form 47 (Record of Induction), dated 8 September 1969, that shows his name as "Michael Wayne Axxxxxx." ABCMR Record of Proceedings (cont) AR20130018655 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018655 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100012698
The applicant's military service records are not available to the Board for review. Considering all the evidence and information presented by the applicant together with the available evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and separation document. In this regard, the evidence of record indicates the applicant's military service records...