IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130005644
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 as "ARNDREA" vice "ANDRE."
2. The applicant states his name was misspelled at the time he entered military service.
3. The applicant provides a certified copy of his birth record, his driver's license, and his social security card.
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 enlisted in the Regular Army on 4 January 1977.
3. His records contain the following documents showing his first name spelled as "ANDRE" and his signature showing he spelled his first name as "ANDRE."
* three DD Forms 4 (Enlistment or Reenlistment Contract Armed Forces of the United States), dated 4 January 1977, 31 August 1981, and 28 August 1984
* DA Form 428 (Application for Identification Card), 7 July 1983
* DA Form 2-1 (Personnel Qualification Record Part II), dated 4 November 1983
* DD Form 93 (Record of Emergency Data), dated 17 November 1984
* Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 17 November 1984
4. His records do not contain any documents showing his name as "ARNDREA."
5. He was honorably discharged on 27 August 1984. His DD Form 214 shows his first name as "ANDRE." He signed this document using the spelling "ANDRE."
6. He provided a certified copy of his birth record, his driver's license, and his social security card. These documents show his first name as "ARNDREA."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Forms 4 and all other documents throughout his service, including all of the documents that he signed, reflect the spelling of his first name as "ANDRE."
2. It appears that the first name "ANDRE" was recorded as his correct name or as the name he preferred to use upon his initial enlistment; therefore, there is no error in his military records to correct. Based on the foregoing evidence, his requested relief should be denied.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's first name in this case. The applicant is advised that a copy of this decisional document which confirms the first name shown on his birth certificate will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his birth name documented in his military records.
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 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) AR20130005644
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