BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012195
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, in effect, correction to his military records and
DD Form 214 (Report of Separation from Active Duty) to show his first name as Hxxxxxxxx.
2. He states his recruiter enlisted him under the first name of Txxxxx without any documents. His birth name is Hxxxxxxxx Bxxxxx. He would like this changed for future use with the Department of Veterans Affairs.
3. He provides:
* Birth Certificate
* DD Form 214
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military record shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 7 February 1975. He enlisted in the Regular Army (RA) on 8 April 1975. His record contains:
* DA Form 3284-R (Applicants Statement of Name Change), dated 6 February 1975, which shows he preferred to use the first name of Txxxxx since June 1971
* DD Form 398 (Statement of Personal History), dated 6 February 1975, which shows his first name as Txxxxx; the form states he used the first date of Hxxxxxxxx as an alias; and he signed the form using the first name of Txxxxx
* DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 7 February 1975, which shows his first name as Txxxxx
* DD Form 4, dated 8 April 1975, which shows his first name as Txxxxx
3. All documents contained in his records show his first name as Txxxxx.
4. He was honorably released from active duty on 6 April 1979 and he was transferred to the USAR Control Group (Reinforcement). He was credited with completing 3 years, 11 months, and 29 of net active service.
5. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 lists the first name of Txxxxx, which was the first name that he served under.
6. He provides a Commonwealth of Virginia Birth Certificate, issued on 20 January 2007, for an individual named Hxxxxxxxx Bxxxxx, with the same birth date as the applicant's.
7. He also provides a Social Security Card listing the name of Hxxxxxxxx Bxxxxx.
8. On 23 April 1979, he requested that his DD Form 214 be amended to show the correct spelling of his first name. On 23 April 1979, the Department of the Army, issued a DD Form 215 (Correction to DD Form 214) correcting the spelling his first name on his DD Form 214.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214.
The regulation stated that Item 1 would list the last name, first name, and full middle name or names, if any, of the individual being separated.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the DEP and then in the RA in 1975 using the first name he preferred to use which he indicated was Txxxxx. He used this first name throughout his period of service and he was separated using this first name in 1979.
2. It appears he continued to use the first name of Txxxxx after he was separated; however, it was misspelled on his DD Form 214 and he requested that this first name be correctly listed on his DD Form 214. He was issued a
DD Form 215 with the correct spelling of his first name.
3. His desire to have his records changed is understandable; however, there is no basis for compromising the integrity of the Army's records. The Army has an interest in maintaining the integrity of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion regarding the different first names.
5. In view of the foregoing, there is no basis for granting his request.
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) AR20120012195
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ABCMR Record of Proceedings (cont) AR20120012195
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