IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120004245
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 removal of the middle name from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he legally does not have a middle name. The middle name shown on his DD Form 214 is the confirmation name that was given to him by the Catholic Church. It is not listed on his birth certificate.
3. The applicant provides copies of:
* DD Form 214
* Certificate of Birth
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 DD Form 47 (Record of Induction), date stamped 25 August 1967, lists the applicant's middle name as "Vxxxxxx."
3. The applicant's name and signature on his acknowledgment of his 6-year service obligation also contains this same middle name.
4. A review of the applicant's service records shows that essentially every document in the file requiring his name and/or signature shows either his full middle name as "Vxxxxxx" or just the initial "V."
5. On 4 October 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his middle name as "Vxxxxxx" and his signature using the middle initial "V."
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 service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
7. The birth certificate provided by the applicant does not list a middle name for the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the middle name that is listed on his DD Form 214 should be removed because he legally does not have a middle name.
2. The applicant was inducted into the Army of the United States with a middle name of "Vxxxxxx." He used this middle name throughout his period of service. There is no available evidence that sufficiently shows he would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires to change the middle name listed on his DD Form 214 for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name listed on his birth certificate and the one recorded in his OMPF.
5. 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) AR20120004245
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ABCMR Record of Proceedings (cont) AR20120004245
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