BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120012425 


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 records to show his correct first and middle names.

2.  The applicant states his birth name is "William James W____."  However, his first and middle names were transposed and his military records show his name as "James William W_____."

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a State of Michigan, Certified Copy of Record of Birth, that shows his name is "William James W_____."

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.  A DD Form 398 (Statement of Personal History), dated 13 June 1967, completed by the applicant prior to his enlistment in the U.S. Armed Forces, shows in item 1 (First Name - Middle Name - Last Name) he entered the name "William James W_____."  It shows he signed the form as "William James W_____"; however, that signature is scribbled-out and he resigned the form as "James William W_____."

3.  The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 14 August 1967 for a period of 3 years.  It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name):  "W____, James William" and that he verified several items on the form by affixing the initials "JWW"; and

   b.  item 41 (Oath of Enlistment):  "I, James William W____, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law this 14th day of August 1967, in the United States Army for a period of three (3) years…." and the applicant's signature ("James William W____").

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name):  "W____, James W" and in item 47 (Signature of Individual):  "James W. W____."
   
5.  The applicant's DD Form 214 shows he enlisted in the RA on 14 August 1967, was honorably released from active duty on 13 August 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years of net active service.  It also shows in:
   
   a.  item 1 (Last Name - First Name - Middle Name):  "W____, James William"; and

   b.  item 32 (Signature of Person Being Transferred or Discharged):  "James W. W____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Birth shows the name "William James W_____."

2.  The evidence of record shows that prior to his entry in the U.S. Armed Forces, the applicant affixed his signature on his Statement of Personal History as 
"James William W____."

3.  In addition, upon entry in the U.S. Army the applicant reported that his name was "James William W_____."  Thus, for reasons that are not known, the applicant chose to use the name "James William W_____."

4.  The applicant's military records, spanning the entire period of his military service, clearly show his preferred name (i.e., "James William W_____") and that he signed numerous documents during that period with the signature "James William W_____."  In addition, the applicant's preferred first and middle names (initials) were consistently recorded in his official military service records, including on his DD Form 214, when he was honorably released from active duty.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records.

6.  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 names in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

7.  In view of the foregoing, there is no basis for granting the requested relief.

8.  A copy of this Record of Proceedings will be filed in the applicant's Army Military Human Resource Record so a record of his current first and middle names will be available.

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)                                         AR20120012425



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ABCMR Record of Proceedings (cont)                                         AR20120012425



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