IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003920
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) to show his first name as Jerroyl.
2. The applicant states it was noticed that his first name is spelled wrong and upon his death it would cause a problem for his wife when getting insurance and other benefits.
3. The applicant provides copies of:
* DD Form 214
* Birth Certificate issued 17 October 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 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. A DA Form 3284 (Applicant's Statement of Name Change) dated 31 July 1974 reports that he acknowledged that his birth certificate recorded his first name as Jerroyl. However, he indicated that he had preferred to use the first name of Jerryl and had done so during his life time. The applicant's mother and a cousin signed the form as witnesses.
3. A DD Form 4 (Enlistment Contract) shows the applicant enlisted in the Regular Army on 7 August 1974, using the first name of Jerryl.
4. His DD Form 214 shows that the applicant served in the Regular Army from
7 August 1974 to 6 November 1975. This form shows his first name in Item 1 as Jerryl and his signature in Item 29 is the same.
5. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) records his first name as Jerryl and his signature using the same.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his first name as Jerroyl so that after his death his wife will not have a problem getting insurance or other benefits.
2. The evidence of record clearly shows that the applicant made a specific request to use a different spelling of his first name.
3. The applicant served in the Regular Army using his preferred spelling for his first name. The fact that he now desires a change to the name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
4. 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.
5. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
6. In view of the above, the applicants request should be denied.
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) AR20120003920
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