IN THE CASE OF:	  

		BOARD DATE:	 1 November 2012 

		DOCKET NUMBER:  AR20120008382 


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 his first and middle name as "Daniel Thomas" instead of "Thomas Daniel."

2. The applicant states his first and middle name are incorrect due to a typing error.

3.  The applicant provides:

* his DD Form 214 
* an Ohio Department of Health Certificate of Live Birth, dated 19 April 1954
* his 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 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 7 July 1971.  He completed training and he was awarded military occupational specialty 31B (field radio mechanic).

3.  His record contains a:

	a.  DD Form 4 (Enlistment contract – Armed Forces of the United States), dated 7 July 1971, that shows his typed first and last name as "Thomas Daniel."  He signed this form with his first and middle name as "Tom Daniel" and “Thomas Daniel."

	b.  DD Form 398 (Statement of Personal History), dated 7 July 1971, that shows he printed his first and middle name as "Daniel Thomas"; however, he signed this document as "Thomas Daniel."

	c.  DA Form 20 (Enlisted Qualification Record), prepared on 13 July 1971, that shows his typed first and middle name as “Thomas Daniel."  He last audited this form on 14 May 1973 and he signed his first name and middle initial as "Tom D."

4.  On 3 July 1973, he was honorably released from active duty at the expiration of his term of service.  The DD Form 214 he was issued at the time shows his first and middle name as "Thomas Daniel."  He signed this document with the first name and middle initial as "Thomas D."

5.  The applicant provided an Ohio Certificate of Live Birth with an individual's first and middle name as "Daniel Thomas" and a Social Security card that shows an individual first and middle initial as "Daniel T."

6.  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.  It states 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 provided his State of Ohio Certificate of Live Birth and Social Security card that shows his first and middle name as "Daniel Thomas" and "Daniel T.," respectively.  However, these documents are insufficient to change his first and middle name on his DD Form 214.  He has not shown the Army's records are in error as all official documents contained in his available military personnel service and medical records show he served under the first and last name as "Thomas Daniel."  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 correct first and 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.

3.  The applicant is advised that a copy of this decisional document, which confirms his correct first and middle name, 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 first and middle name recorded in his military record and to satisfy his desire to have his correct first and 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 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)                                         AR20120008382



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008382



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1