IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010972 


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 reflect his name as "C------, Al---- A------ M-----" instead of "C------M-----, Al---- A-----."

2.  The applicant states his DD Form 214 reflects the incorrect spelling due to an error in the spelling of his name on his original Social Security card.  

3.  The applicant provides a copy of his "corrected" Social Security card and his California driver license.

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 military records show he enlisted in the Regular Army on 6 January 1997.  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), item 1 (Name) shows his name spelled as 
"C------, Al---- A------."  He signed his name one time as "Al---- A------ C------" and three times as "Al---- A------ C------ M-----" on this form.

3.  He was honorably released from active duty on 5 January 2000 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of active service.

4.  His DD Form 214; Headquarters, U.S. Infantry Center Orders 256-2216, dated 13 September 1999, assigning him to USAR Control Group (Reinforcement); and U. S. Army Human Resources Command Orders 
D-12-448246, dated 7 December 2004, discharging him from the USAR Control Group (Reinforcement) effective 7 December 2004 show his name spelled as 
"C------M-----, Al---- A-----."

5.  He submits a copy of his "corrected" Social Security card, which shows his name spelled as "Al---- A------ C------ M-----" and a copy of his California driver license showing his name spelled as "Al---- A------ C------."

DISCUSSION AND CONCLUSIONS:

1.  He provides a copy of his "corrected" Social Security card, which shows his name spelled as " Al---- A------ C------ M-----" and a copy of his California driver license showing his name spelled as " Al---- A------ C------."

2.  His records shows he enlisted with his name spelled as "C------, Al---- A------."  Thereafter he served throughout his tenure in the military with his name spelled as "C------M-----, Al---- A-----."  He signed his name both ways on his DD Form 4.  As such, there is an inconsistency in both the spelling and signing of his name in his military records and also within the spelling used on his Social Security card and California driver license.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  In the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show his name to that which he requested vice that which he provided upon his entry into the Army.

5.  A copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different names under which he served.

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)                                         AR20120010972





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ABCMR Record of Proceedings (cont)                                         AR20120010972



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