BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120017460 


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 military records to show his correct middle name.

2.  The applicant states when he entered active duty there was an error in the spelling of his middle name that caused it to be typed incorrectly in his military records.  He states his records show his middle name as "M--s----"; however, they should show that it is "M--r----."

3.  The applicant provides a copy of his birth certificate.

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 1966 (Application for Enlistment - Armed Forces of the United States), completed by the applicant on 17 June 1977, shows in:

   a.  section I (Personal Data), item 1 (Name - Last, First, Middle), his middle name as "M--s----";

   b.  section III (Verification of Personal Data), item 23 - If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:

    	(1)  Name as shown on Birth Certificate [the middle name] "M--r----."

    	(2)  I hereby state that I have not changed my name through any court procedure; and that I prefer to use the name by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent.
I further state that I am the same person as the one whose name is shown in
Block.

   c.  section V (Certification), item 43 (Data Verification), shows the applicant's birth certificate was used to verify his name; and

   d.  the applicant and the recruiter both placed their signatures on the document.

3.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 
20 June 1977 and he further enlisted in the Regular Army (RA) on 5 January 1978.  Item 1 (Name - Last, First, Middle) shows his middle name as "M--s----."
The applicant also signed the document with that middle name.

4.  Four DD Forms 4 show the applicant reenlisted in the RA on 31 July 1980, 
4 May 1983, 31 March 1989, and 30 July 1993.  All four of the DD Forms 4 show his middle name as "M--s----" and that the applicant signed the documents with that middle name.

5.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably retired from active duty on 31 January 1998.  He completed 20 years and 26 days of total active service.  His DD Form 214 shows in:

	a.  item 1 (Name - Last, First, Middle) his middle name as "M--s----"; and

	b.  item 21 (Signature of Member Being Separated) - the applicant signed the document.

6.  The applicant provides a State of South Carolina, Certification of Vital Record, Birth Certification, issued on 19 September 2012, that shows his middle name is "M--r----."

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 also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 simply state to enter the name in all capital letters.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the middle name recorded in his military service records should be corrected because it does not correspond with the middle name on his birth certificate.

2.  The applicant's Certification of Birth shows the middle name "M--r---."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his preferred middle name was "M--s----."  Thus, for reasons that are not known, the applicant chose to use the middle name "M--s----" during his military service.

4.  All of the applicant's DD Forms 4, spanning a period of more than 20 years, clearly show his preferred middle name (i.e., "M--s----") and that he signed numerous documents using the middle name.  In addition, the applicant's preferred middle name was consistently recorded in his official military service records, including on his DD Form 214, when he was honorably retired 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 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.  

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 official military personnel file so a record of his middle name will be available.

9.  If it is the applicant's retired pay records that he wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that its policy is to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide officially authenticated supporting documentation to the:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, requesting approval of his request for name change on his Army (retired pay) records and informing DFAS when it has been approved.

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)                                         AR20120017460



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ABCMR Record of Proceedings (cont)                                         AR20120017460



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