IN THE CASE OF:	  

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120009318 


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 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his first name.

2.  The applicant states he realized the error when he was trying to reinstate his driver's license.

3.  The applicant provides:

* his DD Form 214 for the period ending 5 November 1992
* Illinois Driver's License issued on 28 October 2009
* unsigned Social Security Card issued on 14 November 2011

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 provided a DD Form 214 that is nearly illegible; however, it appears he served on active duty from August 1988 to November 1992.  The applicant's first name on this form is listed as Aaron.  Except for this DD Form 214, the applicant's available records do not include any documents related to his initial period of service.

3.  His record contains a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) that shows he reenlisted on 16 February 1994 for a period of 3 years.  His first name on this reenlistment document is listed as Aaron.  His available record also contains the following documents that list his first name as Aaron and signed by the applicant using the same first name:

* DA Form 4187 (Personnel Action), dated 3 January 1994
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 12 January 1994
* DD Form 398-2 (National Agency Questionnaire), dated 12 January 1994

* Page 2, Authority for Release of Information and Records, b (Other Names Used) shows he entered the first name of Earon
* Page 4 of the questionnaire shows in item 14 (Remarks) the entry "Applicant's name was misspelled in original birth certificate and was never changed.  Applicant previously enlisted in U.S. Army under the name of Aaron D-----l R----e"

* DA Form 3286-67 (Statement of Understanding), dated 20 January 1994
* DA Form 3286-64 (Statement for Enlistment), dated 16 February 1994

6.  The applicant's Social Security Card and Illinois Driver's License show his first name as Earon.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on DD Form 214 and other separation documents is accurate.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records), states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted twice, served under, and was released from active duty under the name Aaron.  While it is probable that Aaron and Earon is one-and-the-same person, the applicant has provided no explanation as to why the name Aaron was used in lieu of Earon during his periods of service.  In addition, his  DD Form 398-2 indicated that is name was misspelled in the original birth certificate.

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 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 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 name recorded in his military record and to satisfy his desire to have his correct first 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)                                         AR20120009318



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ABCMR Record of Proceedings (cont)                                         AR20120009318



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