IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008034
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by removing his middle name "Christopher."
2. The applicant states:
* his original birth certificate does not show his middle name as "Christopher" and he made a mistake when he enlisted
* it confuses everyone when he applies for benefits because all his civilian records do not show his name with "Christopher"
* he is Jewish and "Christopher" is not a Jewish name
3. The applicant provides a copy of his 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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed his middle name as "Christopher." He authenticated this form by placing his signature in the appropriate block.
3. His DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 12 February 1968, shows:
* his middle name as "Christopher"
* he authenticated this form by placing his signature in the appropriate block
* his religion is listed as "Roman Catholic"
4. A review of his records shows he used the middle name "Christopher" or middle initial "C." throughout his period of service.
5. On 21 January 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 2 years, 11 months, and 10 days of creditable active military service.
6. The applicant provides a copy of his birth certificate that does not show he was given a middle name.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's record shows he served using the middle name "Christopher." While it is understandable he desires to now record the name shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Armys records. 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.
2. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and the name shown on his birth certificate.
3. In view of the foregoing, he is not entitled to the 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) AR20130008034
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ABCMR Record of Proceedings (cont) AR20130008034
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