IN THE CASE OF:	  

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120007878 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his first name as "TERRY."

2.  He states his first name is spelled "TERRY," not "TERY."  He requests the spelling be changed to that shown on his birth certificate.  He states he believes administrative staff misspelled his name.  He needs his name corrected "so it does not appear on any Social Security Administration and/or [Department of Veterans Affairs] records."

3.  He provides his birth certificate and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 19 January 1961, the applicant's parents consented to his enlistment in the Regular Army at age 17 for a period of 3 years.  The DD Form 373 (Consent, Declaration of Parent or Legal Guardian) documenting their consent shows on:

* page 1, his first name spelled as "TERRY"
* page 2, in the blocks provided for verification of his date and place of birth, his first name is spelled as "TERY" as verified by his birth certificate

3.  On 14 February 1961, he enlisted in the Regular Army.  The DD Form 4 (Enlistment Record – Armed Forces of the United States) prepared during his enlistment processing shows his first name spelled as "TERY."  He signed the form spelling his first name spelled as "TERY."

4.  A review of his record shows he used the spelling of his first name as "TERY" on all documents bearing his signature.

5.  Item 1 (Name) of his DA Form 20 (Enlisted Qualification Record) shows his name was entered twice.  A lined-through entry shows his first name spelled as "TERRY."  The other entry shows his first name spelled as "TERY."

6.  On 13 February 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows the spelling of his first name as "TERY."

7.  His record includes two DA Forms 1140-1 (Army Reserve Status Verification Questionnaire).  He submitted the first form on 1 May 1964 and the second on 16 June 1965.  Each form shows his first name typewritten as "TERRY."  In item 2 (Change of Name or Address) of each form, he requested that the spelling of his first name be changed to "TERY."

8.  His record includes two DA Forms 1140 (Army Reserve Qualifications Questionnaire).  He submitted the first form on 27 November 1965 and the second on 6 March 1966.  Each form shows his first name typewritten as "TERRY."  In item 2a (Change of Name or Address) of each form, he requested the spelling of his first name be changed to "TERY."

9.  USAR Letter Orders, dated 3 March 1966, subject:  USAR Assignment, show his first name spelled as "TERY."

10.  He provides his birth certificate showing his first name spelled as "TERRY."

DISCUSSION AND CONCLUSIONS:

1.  With few exceptions, the applicant's first name was spelled as "TERY" throughout his Army service.  Further, his record shows he consistently signed spelling his first name as "TERY" and during his USAR service he twice requested the spelling of his first name be corrected to "TERY."  The preponderance of evidence indicates he considered the spelling "TERY" to be his first name of record.

2.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

3.  The applicant has not provided compelling evidence that the Army made an error in spelling his first name as "TERY" on his DD Form 214.  However, because documents exist in his records showing his first name spelled as "TERRY" as shown on his birth certificate, there would be no harm in correcting his DD Form 214 at this time to show his first name spelled as "TERRY."

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 to show the first name spelled as "TERRY" as shown on his birth certificate.



      ___________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)                                         AR20120007878



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ABCMR Record of Proceedings (cont)                                         AR20120007878



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