BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130005275 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 1 (Last Name - First Name - Middle Name) - change his first name to read "Jessie" instead of "Jesse"
* Item 3 (Social Security Number) - change the third digit of his social security number (SSN) to a "4" instead of a "5"

2.  The applicant states the error in item 1 and the pen change to his SSN in 
item 3 have proven a hindrance over the years in verifying his honorable military service and in obtaining benefits.

3.  The applicant provides his:

* DD Form 214
* Missouri nondriver license
* social security card
* birth certification from the State of Missouri

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 Military Personnel Records Jacket (MPRJ) contains a 
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 1 February 1980, that corrects his SSN on his 
DD Form 214 to show the third digit of his SSN as a "4."  Therefore, the issue of correction of his SSN will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be provided to him.

3.  On 25 February 1970, he was inducted into the Army of the United States.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 47 (Record of Induction) records his first name as "Jesse."

4.  A USAREC Form 180-R (Acknowledgment of Service Obligation (6-year Acknowledgment)), dated 25 February 1970, was signed by the applicant using the first name "Jesse."

5.  Documents throughout his MPRJ show his first name as "Jesse."  In places that required his signature, he signed his name with the first name "Jesse."

6.  On 28 October 1971, he was released from active duty.  Item 1 of his 
DD Form 214 records his first as "Jesse."  He signed his DD Form 214 using the first name "Jesse" in Item 32 (Signature of Person Being Transferred or Discharged).

7.  He submitted his Missouri nondriver license that shows his first name as "Jessie."  However, the social security card he submitted shows his first name as "Jesse."

8.  He submitted his birth certification, issued on 5 February 2007, showing his first name as "Jessie."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's first name is recorded as "Jesse" throughout his military records.  It is noted that his social security card also records his first name as "Jesse."
2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the spelling of his first name as shown on his birth certificate in his military record, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the correct spelling of his first 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 spelling of his first name recorded in his military record and to satisfy his desire to have the correct spelling of his first 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)                                         AR20130005275



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ABCMR Record of Proceedings (cont)                                         AR20130005275



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