IN THE CASE OF:	  

		BOARD DATE:  12 September 2013

		DOCKET NUMBER:  AR20130004384 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his middle name as Dean instead of Dunne.

2.  The applicant states wrong information was inscribed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Orders discharging him from the Standby Reserve
* Certificate of Live Birth from the State of California
* An Affidavit to Amend a Record (his birth record)
* 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 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.  On 6 August 1964, he enlisted in the Regular Army.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in:

* Item 1 (Last Name - First Name - Middle Name) - his middle name is listed as Dunne
* Item 38 - he signed his name using the middle name Dunne
* Item 41 (Oath of Enlistment) - his name is shown with the middle name as Dunne and he signed his name using this middle name

3.  The Acknowledgement of Service Obligation signed on the date of enlistment shows his middle name as Dunne and he signed this document using this middle name.

4.  The Statement of Understanding signed on the date of enlistment shows his middle name as Dunne and he signed this document using this middle name.

5.  His DA Form 20 (Enlisted Qualification Record) does not show his middle name, it only shows his middle initial.  Other documents throughout his Military Personnel Records Jacket (MPRJ) show his middle initial instead of his full middle name.

6.  On 19 July 1967, he was released from active duty.  His DD Form 214 shows his middle name as Dunne.  He signed his name using only his middle initial.

7.  His discharge orders from the Standby Reserve only show his middle initial instead of his full middle name.

8.  The birth certificate he submitted does not list the full name of the child at the time of birth.  An affidavit to amend his birth record was accepted by the State of California on 25 March 1986.  According to this affidavit the birth record was amended to show his first name as Larry and his middle name as Dean.

9.  His California Driver License shows his middle name as Dean.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  All of his enlistment documents show his middle name as Dunne and he signed these documents using the middle name Dunne.  Other documents throughout his MPRJ do not show his full middle name, only his middle initial.

2.  The applicant did not amend his birth certificate until 19 years after his release from active duty.  While his desire to have his military records changed is understood, an amendment to his birth certificate 19 years after his release from active duty does not justify compromising the integrity of the Army's records.

3.  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 current legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  The applicant is advised that a copy of this decisional document which confirms his current legal name will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current legal name documented in his AMHRR.

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)                                         AR20130004384



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ABCMR Record of Proceedings (cont)                                         AR20130004384



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