IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004011
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 first name with a slightly different spelling.
2. The applicant states, in effect, that his first name should end with the letter "v." He contends that the error occurred at the time of his entry into active duty and that the Department of Veterans Affairs (VA) will not accept his DD Form 214 because of the misspelling.
3. The applicant provides copies of:
* Arkansas Non-Driver Identification Card issued in 2012
* Social Security Card
* Letter from the National Personnel Records Center, dated 4 February 2013
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. A review of the applicant's military records reveals:
a. that he enlisted in the United State Army Reserve (USAR) on 5 April 1979, using a first name ending with the letter "f;"
b. that he had served in the Regular Army from 8 June 1979 to 22 June 1982 spelling his first name with a last letter of "f"; and
c. that without exception, every document in his military records shows the same spelling of his first name ending with the letter "f." Furthermore, every one of his signatures in his military records shows the "f" at the end of his first name.
3. The documents provided by the applicant show his first name ending with the letter "v."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the spelling of his first name ending with the letter "f."
2. The applicant enlisted in the USAR and subsequently served in the Regular Army using the name currently recorded in his military records.
3. The applicant has not provided any documentary evidence showing that he has suffered or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to that name for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
4. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must 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, along with his application 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 foregoing, there is no basis for granting the applicant's request.
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) AR20130004011
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ABCMR Record of Proceedings (cont) AR20130004011
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