IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020444
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Gale" instead of "Gay."
2. The applicant states his middle name is wrong on his DD Form 214.
3. The applicant provides 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 47 (Record of Induction) shows he was inducted into the Army of the United States on 22 March 1968 under the middle name "Gay."
3. On 12 March 1970, he was released from active duty after completing 1 year, 11 months, and 21 days of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his middle name as "Gay." Item 34 (Signature of Person Being Transferred or Discharged) shows he authenticated his DD Form 214 using his middle initial.
4. All of the official documents contained in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) show his middle name as "Gay."
5. The Commonwealth of Virginia Certificate of Birth he submitted shows his middle name as "Gale."
6. 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 states 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. The regulation also establishes standardized policy for preparation of the DD Form 214. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his DD Form 214 to reflect his middle name as it is shown on his birth certificate is understood, the available evidence shows he entered, served, and was separated from active duty under the middle name shown on his DD Form 214 and all other documents in his AMHRR.
2. 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. There appears to be no compelling reason to compromise the integrity of the Army's records by changing his middle name at this late date.
3. This Record of Proceedings will be filed in his AMHRR to provide clarity and to resolve any confusion that may arise regarding the difference in the middle name he used when he served on active duty and the middle name he currently uses.
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) AR20120020444
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ABCMR Record of Proceedings (cont) AR20120020444
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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