BOARD DATE:	  24 October 2014

		DOCKET NUMBER:  AR20130004721 


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 military records to remove the suffix "Jr." following his last name.

2.  The applicant states the suffix is in error.  He is enrolling for Department of Veterans Affairs (VA) benefits and he needs to have his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected.

3.  The applicant provides:

* DD Forms 214 for the period ending 23 July 1969 and 25 June 1973
* Social Security Card
* Certificate of Birth Record

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 24 May 1968, he enlisted in the Regular Army (RA) for a period of 2 years.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he did not list a suffix after his last name.  He authenticated this form by placing his signature in the appropriate block without using a suffix.

3.  On 23 July 1969, he was honorably discharged for the purpose of immediate reenlistment.  Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 lists the suffix "Jr." following his last name.  He authenticated this form by placing his signature in the appropriate block using this suffix.

4.  On 24 July 1969, he reenlisted in the RA for a period of 3 years.  His
DD Form 4 for this reenlistment shows he listed the suffix "Jr." after his last name.  He authenticated this form by placing his signature in the appropriate block using this suffix.

5.  On 25 June 1973, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining service obligation.  Item 1 of this DD Form 214 lists the suffix "Jr." following his last name.  He authenticated this form by placing his signature in the appropriate block but did not use this suffix.

6.  A preponderance of the documents in his military personnel record does not show the suffix "Jr."

7.  He provides a Certificate of Birth Record that lists his name without the suffix "Jr."  However, he also provides an unsigned Social Security card with his same Social Security Number (SSN) that lists his name with the suffix "Sr."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he authenticated several documents in his military records.  Among these documents are his enlistment/reenlistment contracts and DD Forms 214 that he signed with and without the suffix "Jr." after his last name.  He also provides a Social Security card with his same SSN that lists his name with the suffix "Sr."  Although it is unclear why he signed his name with and without a suffix, or why his Social Security card contains the suffix "Sr.," it must be presumed the applicant did so knowingly; therefore, there is no clear and convincing evidence of an error.

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 last name without a suffix in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  He is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the names recorded in his military records and to satisfy his desire to have his current name without a suffix documented in his AMHRR.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130004721



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ABCMR Record of Proceedings (cont)                                         AR20130004721



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