IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004188
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 spelled as "Kellan" vice "Kelly."
2. The applicant states his middle name is spelled incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214 and birth certificate.
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 records show he was inducted into the Army of the United States (AUS) on 12 August 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. His records contain a DD Form 47 (Record of Induction), dated 12 August 1965, wherein his middle name is spelled as "Kelley."
4. An Acknowledgment of Service Obligation, dated 12 August 1965, shows his middle name spelled as "Kelley." However, he authenticated this form by placing his signature in the appropriate block with his middle name spelled as "Kelly."
5. On 30 August 1965, he completed a DD Form 398 (Statement of Personal History) wherein he spelled his middle name as "Kelly." He authenticated this form by placing his signature in the appropriate block with his middle name spelled as "Kelly."
6. His records contain several orders, personnel, legal, and medical documents, to include his DA Form 20 (Enlisted Qualification Record), that show his middle initial and not his middle name.
7. He was honorably released from active duty on 11 August 1967 and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
8. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his middle name spelled as "Kelly."
9. The applicant provides a State of Oklahoma Certificate of Live Birth, dated 2 February 1945, that shows his middle name spelled as "Kellan."
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon the applicant's induction into the AUS, and despite the fact that his middle name was spelled as "Kelley" on his DD Form 47, he signed an Acknowledgment of Service Obligation with his middle name spelled as "Kelly." This middle name is consistent with the middle name he used on other documents during his military service. He authenticated several documents by placing his signature in the appropriate block indicating this middle name was correct. He did not use the middle name that he now claims during his period of military service.
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 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 that the applicant now desires to record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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) AR20120004188
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ABCMR Record of Proceedings (cont) AR20120004188
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