BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120009829 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Adam" instead of "Joseph."

2.  The applicant states, in effect, his middle name is wrong on his DD Forms 214 and he would like to prevent any error with the Department of Veterans Affairs.

3.  The applicant provides:

* Social Security Card
* Birth Certificate
* DD Form 214, ending 19 February 1962
* DD Form 214, ending 9 August 1962
* DD Form 215 (Correction to DD Form 214) for DD Form 214 ending 9 August 1962

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 DD Form 373 (United States Armed Forces Consent, Declaration of Parent or Legal Guardian), dated 9 May 1960, shows his parent or legal guardian, E. A. H., consented to his enlistment and authenticated the form with the applicant's middle name listed as "Joseph."  

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 "Joseph."  He authenticated several of these documents, as required, using this same middle name.

4.  The applicant enlisted in the Louisiana Army National Guard (LAARNG) on 9 May 1960.  He was subsequently ordered to active duty for training on 20 August 1960.  He completed training and was awarded military occupational specialty (MOS) 941.10 (Cook).  He was honorably released from active duty training to the control of his ARNG unit on 19 February 1961.  The DD Form 214 he was issued shows his middle name as "Joseph."

5.  The applicant's records also show he was ordered to active duty for a period of 1 year, on 15 October 1961.  He was honorably released from active duty to the control of his ARNG unit on 9 August 1962.  The DD Form 214 he was issued shows his middle name as “Joseph.” 

6.  A review of the applicant's records shows the middle name "Joseph" was consistently used throughout his military service.  

7.  The middle name "Adam" does not appear on any documents contained in his military records.

8.  The applicant's records further show he was released from the LAARNG and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 8 May 1963.

9.  The applicant provides a copy of his Social Security Card and Birth Certificate that shows an individual with the same first and last name of the applicant with a middle name of "Adam."

10.  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.  This regulation has historically stated, in pertinent part, that item 1 of these documents will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.   The applicant's request for correction of his DD Forms 214 to show his middle name as "Adam" instead of "Joseph" was carefully considered. 

2.  The applicant served his entire period of service with the middle name "Joseph."

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.  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 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)                                         AR20120009829



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ABCMR Record of Proceedings (cont)                                         AR20120009829



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