IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120004960
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 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as "Vicxxx."
2. The applicant states his birth certificate shows the spelling of his first name as "Vicxxx."
3. The applicant provides copies of his:
* DD Form 214
* Birth Certificate issued on 19 January 2001
* Social Security Card
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 applicant's military records show he enlisted in the Regular Army using a first name of "Vinxxxx." He used this spelling of his first name during his entire period of active service. Without exception, this spelling is used on every document in his records that required his name and/or signature.
3. The applicant's DD Form 214 shows he was transferred to the U.S. Army Reserve (USAR) upon the expiration of his term of active duty service on 24 April 1987. Item 1 of this form shows his first name as "Vinxxxx." His USAR records show he continued the use of this spelling for his first name throughout his USAR service.
4. 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.
5. The birth certificate and social security card provided by the applicant show his first name as "Vicxxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the spelling of his first name as "Vicxxx" because this is the spelling used on his birth certificate and social security card.
2. The applicant served in the Regular Army and the USAR using the spelling of his first name as "Vinxxxx." The fact that he now desires a change in the spelling of his first name 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 regarding the spelling of the first name in him OMPF and satisfy his desire to have the name documented in his OMPF as it is listed on his birth certificate.
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) AR20120004960
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ABCMR Record of Proceedings (cont) AR20120004960
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