IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007547
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 APPLICANTS 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 as "Gene" instead of "Bernard."
2. The applicant states he did not realize the middle name he used during his time in service was incorrect until he received a copy of his birth certificate.
3. The applicant provides:
* His State of South Dakota Certificate of Birth issued on 10 April 2012
* DD Form 214
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 enlisted in the Regular Army on 28 September 1967 for a period of 3 years. He completed training and he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic). The high highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.
3. The applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) and all accompanying allied documents listed his middle name as "Bernard." He authenticated several of these documents, as required, using this same middle name.
4. A review of his record shows the middle name "Bernard" was consistently used throughout his military service.
5. The middle name of "Gene" does not appear on any documents contained in his military records.
6. On 25 September 1970, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 28 days of total active service. The DD Form 214 he was issued at the time shows his middle name as "Bernard."
7. The applicant provides a copy of his South Dakota Certificate of Birth that shows an individual with the same first and last name of the applicant with a middle name of "Gene."
8. 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. In states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his middle name as "Gene" instead of "Bernard" was carefully considered.
2. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service record, including his DD Form 214, were correct at the time and there is an insufficient evidentiary basis for granting the applicant's requested relief.
3. 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 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.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his AMHRR.
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) AR20120007547
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007547
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011034
Application for correction of military records (with supporting documents provided, if any). 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 as "Bernard" vice "Edward." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his middle name as "Bernard" as it appears on his birth certificate.
ARMY | BCMR | CY2010 | 20100013689
Application for correction of military records (with supporting documents provided, if any). His DD Form 4, DD Forms 214, and all other available service documents reflect his middle name as "Eugene." _____________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.
ARMY | BCMR | CY2013 | 20130003081
The applicant requests, in effect, correction of his military records and DD Form 214 (Report of Separation from Active Duty) to show his first name as Bernard. The evidence of record shows the applicant was inducted into the AUS in August 1965 under the first name Bonny. He legally changed his name from Bonnie B. E____, also known as Bonny E____, to Bernard E____ in May 2012.
ARMY | BCMR | CY2011 | 20110006323
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his correct middle name is Bernerd. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that his correct middle name is Bernerd instead of Bernard as...
ARMY | BCMR | CY2012 | 20120020444
IN THE CASE OF: BOARD DATE: 30 May 2013 DOCKET NUMBER: AR20120020444 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. While the applicant's desire to change his DD Form 214 to reflect his middle name as it is shown on his birth certificate is understood, the available evidence shows he entered, served, and was separated from active duty under the middle name shown on his DD Form 214 and all other documents in his AMHRR. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2013 | 20130000642
The other military documents contained in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), show he served and was released from the Army under the same middle name as shown on his DD Form 214. The applicant served in and he was released from active duty with the middle name that is shown in his AMHRR and on his DD Form 214. ABCMR Record of Proceedings (cont) AR20130000642 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2012 | 20120004983
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military record shows he served in the Army 2 years with the spelling of his middle name as "Lewxx." ABCMR Record of Proceedings (cont) AR20120004983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004983 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130014469
Application for correction of military records (with supporting documents provided, if any). The following documents show his name with the middle name "Theodore" and the year in his date of birth (DOB) as "1943": * DD Form 47 (Record of Induction), dated 28 June 1962 * DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 1 September 1962 * DD Form 4, dated 23 June 1964 * DD Form 4, dated 27 March 1970 * DD Form 4, dated 29 December 1975 * DA Form 3713 (Data for Retired...
ARMY | BCMR | CY2013 | 20130007040
Application for correction of military records (with supporting documents provided, if any). 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. His DD Form 398, induction record, and service personnel records show the first name Jessy and middle name Larry.
ARMY | BCMR | CY2013 | 20130004384
Application for correction of military records (with supporting documents provided, if any). 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. While his desire to have his military records changed is understood, an amendment to his birth certificate 19 years after his release from active duty does not justify compromising the integrity of the Army's records.