IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003643
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 (Report of Separation from Active Duty) with an effective date of 30 April 1974 to show his first and middle names as Walter Harold instead of Harold Walter.
2. The applicant states his first and middle names were entered incorrectly on his DD Form 214. He would like his military records to reflect his first and middle names as shown on his birth certificate. He received a DD Form 1343 (Notification of Change in Service Member's Official Records); however, he did not receive a new DD Form 214 showing the correction was made.
3. The applicant provides:
* his birth certificate
* his DD Form 214 with an effective date of 30 April 1974
* DD Form 1343, dated 6 August 2007
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. He was inducted into the Army of the United States on 29 May 1953. His DD Form 47 (Record of Induction) shows his first and middle names as Harold Walter. He was honorably released from active duty on 28 May 1955.
3. On 6 July 1956, he enlisted in the Regular Army. His official military personnel file (OMPF) contains four enlistment contracts each showing his first and middle names as Harold Walter:
* 6 July 1956
* 28 January 1960
* 29 October 1963
* 2 August 1971
4. His OMPF contains five DD Forms 214 for the following periods each showing his first and middle names as Harold Walter:
* 29 May 1953-28 May 1955 (released from active duty)
* 6 July 1956-24 June 1959 (discharged)
* 29 January 1960-28 October 1963 (discharged)
* 12 July 1967-1 August 1971 (discharged)
* 2 August 1971-30 April 1974 (retired)
5. All documents throughout his OMPF show his first and middle names as Harold Walter. On documents requiring his signature, he signed his name using the first and middle names of Harold Walter.
6. He submitted his birth certificate that shows his first and middle names as Walter Harold.
7. He submitted a DD Form 1343, dated 6 August 2007, that indicates a change to his first and middle names to Walter H. was recorded in his official records.
DISCUSSION AND CONCLUSIONS:
1. His entire OMPF shows his first and middle names as Harold Walter. He had three periods of broken service. He could have reentered service in the Army on any of those occasions with his name as shown on his birth certificate.
2. The DD Form 1343 reflects a change to his first and middle names to Walter H. was recorded in his official records effective 6 August 2007. This does not justify changing a DD Form 214 that was properly issued over 30 years ago. A notarized copy of the DD Form 1343 is filed in his OMPF.
3. It is noted that the name changes indicated on the DD Form 1343 are not the same name changes he is requesting from the ABCMR.
4. 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 current first and middle names in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. The applicant is advised that a copy of this decisional document which confirms his birth name will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the first and middle names recorded in his military record and to satisfy his desire to have his current first and middle names 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) AR20120003643
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ABCMR Record of Proceedings (cont) AR20120003643
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