IN THE CASE OF:	  

		BOARD DATE:	    12 December 2013

		DOCKET NUMBER:  AR20130007306 


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 show his name as "S____ H____ J____ H____ III" instead of "H____ J____ H_____."  He further requests correction of his DD Form 214 (Report of Separation from Active Duty) to provide the missing information in:

* item 21 (Time Lost)
* item 22 (Days Accrued Leave Paid)
* item 25a (Personnel Security Investigation – Type)
* item 25b (Personnel Security Investigation – Date Completed)

2.  The applicant states his DD Form 214 is missing information for the above listed items.  His DD Form 214 states a DD Form 215 (Correction to DD Form 214) would be issued to provide the missing information, but he suspects it was never issued.  He further states he served under the name "H____ J____ H_____," his middle name and confirmation name.  He would now like his records to show his given name of "S____ H____ J____ H____ III."

3.  The applicant provides:

* DD Form 214
* veterans' universal access identification card
* social security card
* birth certificate


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 13 October 1972.  On 7 January 1974, he was discharged under honorable conditions.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his name as "H____ H____ J____."  Items 21, 22, 25a, and 25b show the entry "See Item 27."  Item 27 (Remarks) states, "Items 21; 22; 25a; 25b:  DD Form 215 will be issued to provide missing information."

3.  The applicant's records contain a memorandum from Headquarters, Fort Hamilton, NY, dated 28 January 1974, addressed to the Commander, Reserve Components Personnel and Administration Center, St. Louis, MO, subject:  Reissuance of DD Form 214.  The memorandum requested reissuance of a DD Form 214 to the applicant after adding, in part, the following information:

* item 21 – "DNA [does not apply]"
* item 22 – "27"
* item 25a – "DODNACC [Department of Defense National Agency Check Center]"
* item 25b – "72-10-31 [31 October 1972]"

4.  A review of his military personnel records revealed that all documents filed in his records requiring a full name entry show his name as "H____ J____ H____."
He signed many of these documents certifying the information provided was correct to the best of his knowledge.

5.  He provided his veterans' universal access identification card which shows his name as "H____ III, S____."

6.  He provided his social security card which shows his name as "S____ H____ H____ III."

7.  He provided his District of Columbia certificate of birth issued on 2 December 1996 which shows his birth name as "S____ H____ J. H____."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and established standardized policy for preparation of the DD Form 214.  For item 21, the entry would include time lost under Title 10, U.S. Code, section 972, and time in an excess leave level status for the preceding 2 years only.  Item 22 is information required by Federal agencies.  Item 25 is self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his military service records to show his name as "S____ H____ J____ H____ III" was carefully considered and determined to lack merit.

2.  Official documents contained in his available military service records show he served exclusively under the name "H____ J____ H____."  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 that the applicant desires to record his birth 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.

3.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military service records and to satisfy his desire to have his birth name documented in his AMHRR.

4.  The applicant's records contain a letter from Headquarters, Fort Hamilton, that addressed the missing information the applicant wishes to have placed on his DD Form 214.  There is no evidence indicating any inaccuracies in the information provided in the letter or that a DD Form 215 was issued.  There would be no harm in making these corrections at this time.  Therefore, his DD Form 214 should be corrected by adding the following entries:

* item 21 – "DNA"
* item 22 – "27"
* 
item 25a – "DODNACC"
* item 25b – "31 October 1972"

BOARD VOTE:

_______  _______  _______  GRANT FULL RELIEF

___X__  ___X___  ___X___  GRANT PARTIAL RELIEF

_______  _______  _______  GRANT FORMAL HEARING

_______  _______  _______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entries in the DD Form 214 items shown below and replacing them with the new information as shown:

* item 21 – DNA
* item 22 – 27
* item 25a – DODNACC
* item 25b – 31 October 1972

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his name.



      ___________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)                                         AR20130007306



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ABCMR Record of Proceedings (cont)                                         AR20130007306



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