BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120005103
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 military records to reflect his middle last name as Charles instead of Clare.
2. He states his middle name was legally changed on 26 May 1981.
3. He provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Minnesota State Department of Health Certificate of Birth, certified on 27 May 1981
* Minnesota State Department of Health Certificate of Birth, dated 13 August 1993
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. His military records show he was inducted into the Army of the United States on 25 January 1968.
3. His DD Form 47 (Record of Induction), DD Form 398 (Statement of Personal History) signed by the applicant, and all other documents throughout his official military personnel file (OMPF) show his middle name as Clare.
4. He was honorably released from active duty on 3 September 1969. His DD Form 214 shows his middle name as Clare.
5. He provides a copy of a Minnesota State Department of Health Certificate of Birth, certified as true and correct on 27 May 1981. The document shows his middle name initially written as Clare, which is lined through and the name Charles is written above it.
6. He also provides a Minnesota State Department of Health Certificate of Birth (with raised seal), dated 13 August 1993, which shows his middle name as Charles.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. He provides a copy of two certificates of birth showing his middle name as Charles.
2. His records show he was inducted and served throughout his tenure in the military under the middle name of Clare.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show his middle name as Charles since evidence indicates he appropriately served under the middle name he provided upon his entry into the Army.
5. A copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different names under which he served.
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) AR20120005103
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ABCMR Record of Proceedings (cont) AR20120005103
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