IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120006602 


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 middle name and date of birth (DOB) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his middle name and DOB listed on his DD Form 214 should match those listed on his birth certificate.

3.  The applicant provides a copy of his DD Form 214 and birth certificate in support of his request.

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 DOB was corrected by a DD Form 215 (Correction to DD Form 214) issued by the Army Review Boards Agency on 22 January 2002.  As a result, this issue does not require Board action and will not be addressed further in this Record of Proceedings.  A copy of the DD Form 215 is being enclosed for the applicant's information and use.

3.  The applicant initially enlisted in the U.S. Army Reserve on 5 April 1976.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) documenting this enlistment lists his middle name as he now claims is incorrect in item 1 (Name).  The applicant authenticated this document with his signature in item 18 (Signature of Applicant and Date).  He signed using the middle name he now claims is incorrect.

4.  On 26 October 1978, the applicant enlisted in the Regular Army (RA).  The DD Form 4 documenting this enlistment lists his name in item 1 using the middle name he now claims is incorrect.  The applicant signed this document in item 18 using the middle name he now claims is incorrect.  On 20 June 1980, the applicant reenlisted in the RA.  The DD Form 4 documenting this enlistment also lists his middle name as the one he now claims is incorrect in item 1 and the applicant signed this document in item 14b (Signature of Applicant/Reenlistee) using the middle name he now claims is incorrect.

5.  On 15 June 1984, the applicant extended his RA enlistment for 2 months.  The DA Form 3340 (Oath of Extension) completed documenting this extension lists his middle name as the one he now claims is incorrect.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) prepared on 23 April 1979 and last reviewed by the applicant on 18 January 1984, and all documents on file in his official military personnel records that use a middle name, list it as the one the applicant now claims is incorrect.

7.  On 19 March 1985, the applicant was honorably discharged in the rank of sergeant/E-5 after completing a total of 8 years, 11 months, and 11 days of active military service.  The DD Form 214 he was issued at the time lists his middle name as the one he now claims is incorrect.

8.  The applicant provides a copy of his birth certificate which lists a different middle name than the one listed in his military record and on his DD Form 214.

9.  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.  The version in effect at the time of the applicant's discharge states the DA Form 2-1, along with all available documents in the official military personnel records were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the middle name listed on his DD Form 214 has been carefully considered.  However, it is clear the applicant entered, served, and was separated from military service under the middle name he now claims is incorrect as evidenced by entries on all DD Forms 4, DA Form 2-1, and in all documents in his official military personnel records that use a middle name.

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 the applicant desires to now record his middle name as listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document which confirms the middle name shown on his birth certificate will be filed in his official record.  This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military records and to satisfy his desire to have his middle name as shown on his birth certificate documented in his records.

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)                                         AR20120006602



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ABCMR Record of Proceedings (cont)                                         AR20120006602



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