IN THE CASE OF:
BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120019505
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 middle name spelled as "Frederick."
2. The applicant states his middle name is misspelled.
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 was inducted into the Army of the United States on 18 October 1968. All documents in the applicant's military records show his middle name spelled as "Fredrick."
3. The applicant was honorably released from active duty on 16 October 1970. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his middle name spelled as "Fredrick."
4. The applicant provides a copy of his birth certificate which shows the spelling of his middle name as "Frederick."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. This regulation has historically stated that item 1 (Last Name First Name Middle Name) of the DD Form 214 will contain the name taken from the Soldier's personnel records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and all other available service documents reflect the applicant's middle name spelled as "Fredrick."
2. The fact that he provides a birth certificate which shows his middle name spelled as "Frederick" is duly noted. However, this does not change the conditions and circumstances that existed at the time his records were created.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that the applicant desires to now record his middle name as it is shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed with his military records. This should serve to clarify any questions which may arise regarding the different spelling of his middle name recorded in his military records and to satisfy his desire to have his middle name documented in his military records as it is shown on his birth certificate.
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) AR20120019505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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