IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120019146
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 item 1 (Last Name First Name Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to remove the suffix "Jr."
2. The applicant states:
* his birth certificate does not show the suffix "Jr."
* his family used the suffix "Jr." when he was younger and he thought that was his name
* he is trying to get his legal documents in order and would like to have the suffix "Jr." removed from his DD Form 214 because it is causing confusion
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows:
* he was inducted into the Army of the United States on 3 November 1955
* he was honorably released from active duty on 2 August 1957
* the suffix "Jr." in item 1
* the suffix "Jr." in item 34 (Signature of Person Being Transferred or Discharged)
4. He provided his birth certificate which does not show a suffix in his name. His middle name is "Albert" and his father's middle initial is "A."
5. 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. It establishes standardized policy for the preparation of the DD Form 214 and 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his family used the suffix "Jr." when he was younger and he thought it was his name.
2. For historical purposes, the Army has an interest in maintaining the integrity 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.
3. It appears he served and was released from active duty under the name containing the suffix "Jr." While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214, at this late date.
4. The applicant is advised that a copy of this decisional document which confirms his birth name 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 regarding the difference in the name recorded in his AMHRR and to satisfy his desire to have his birth name documented in his military records.
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 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) AR20120019146
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ABCMR Record of Proceedings (cont) AR20120019146
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