IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019710
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 reconsideration of his earlier request for correction of his military records by changing his middle name from Mike to Domenico.
2. The applicant states he believes the error happened when the clerk completed the DD Form 214. He also contends that a long time ago he started writing "Mike" as his American name for "Domenico." When he realized what he had done, he tried to correct it. His superiors told him to sign his name the way it appears. Like a good Soldier, he did as he was told. He argues that his birth certificate shows his rightful middle name of Domenico. He does not want to have two middle names, one for the military, and another as a civilian. He is sorry for the problems he has caused, but asks that his middle name be shown as Domenico on his DD Form 214.
3. The applicant provides a copy of his birth certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110004053, on 1 September 2011.
2. The applicant's explanation of how he came to use a different middle name should be considered as new evidence requiring consideration by the Board.
3. On 26 February 1969, the applicant was inducted into the Army of the United States.
a. His DD Form 47 (Record of Induction), dated 26 February 1969, shows his middle name as Mike.
b. His DD Form 398 (Statement of Personal History), dated 10 February 1969, shows his middle name as Mike.
4. A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 1 May 1969, shows the applicant's middle name as Mike.
5. A DA Form 428 (Application for Identification Card), dated 7 February 1970, shows the applicant signed his name using the middle initial "M."
6. His DA Form 20 (Enlisted Qualification Record) audited on 12 October 1970, shows the applicant's name and his signature with the middle initial "M."
7. On 15 October 1970, the applicant was released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows his middle name as Mike and his signature includes the middle initial "M."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be changed to show his middle name as Domenico. He argues that he tried to correct his name while in the service but was told to sign his name as it was. Like a good Soldier, he followed orders.
2. There is no available documentary evidence showing that he had tried to correct his middle name while still on active duty.
3. The applicant served in the Army of the United States and was honorably separated using the middle name currently recorded in his military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the middle name under which he served. The fact that he now desires a change to that middle name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
4. 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.
5. The applicant is advised that 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 in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
6. In view of the above, the applicantÂ’s request should be denied.
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 an insufficient basis to amend that portion of the ABCMR decision concerning his middle name, as set forth in Docket Number AR201114053, dated
1 September 2011.
_______ _ _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) AR20120019710
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120019710
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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