BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021411
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 (Certificate of Release or Discharge from Active Duty) to show his middle name as "Francis" instead of "Frances."
2. The applicant states his middle name is wrong on his DD Form 214. He wants to get it corrected so that when he is buried in the National Cemetery his middle name will be correct on his headstone. He requests a DD Form 215 (Correction to DD Form 214) be mailed to him.
3. The applicant provides copies of his DD Form 214 and California Driver License.
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 applicants 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 applicants 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 47 (Record of Induction) shows he was inducted on 24 February 1953. His middle name is listed as "FRANCES."
4. He was released from active duty on 17 February 1955. He had completed
1 year, 11 months, and 24 days of creditable service. His DD Form 214 shows his middle name as "FRANCES." He signed the form using the middle initial "F."
5. His reconstructed record contains various documents that list his middle name as "Frances." These documents include a Standard Form 88 (Report of Medical Examination) and a DA Form 41 (Record of Emergency Data) showing he signed these forms using the middle name of "Frances."
6. He submitted a California Driver License showing the middle name of "FRANCIS."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that upon induction into the Army, the applicant listed his middle name as "Frances." This middle name was used throughout his period of military service. There is no evidence that he used the middle name of "Francis" during his period of military service.
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. 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 Armys records at this late date.
3. He is advised that a copy of this decisional document which shows his requested middle name will be filed in his Army Military Human Resources Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have the requested middle name documented in his AMHRR.
4. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20110009382
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ABCMR Record of Proceedings (cont) AR20120021411
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