IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008437
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 Forms 214 (Enlisted Record and Report of Separation) to show the correct spelling of his name is XXXXicio instead of XXXXico.
2. The applicant states the Army misspelled his first name.
3. The applicant provides:
* Certificate of Birth
* DD Forms 214, dated 6 April 1949 and 20 June 1952
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 (RA) on 12 October 1948. His
WD AGO Form 24A (Service Record), dated 12 October 1948, shows he listed the spelling if his first name as XXXXico at the time of his enlistment.
3. The applicant was honorably discharged on 6 April 1949. Item 1 (Last Name, First Name Middle Initial) on his DD Form 214 lists the spelling of his first name as XXXXico.
4. On 7 April 1949, the applicant reenlisted in the RA. His WD AGO Form 24A, dated 7 April 1949, shows the spelling of his first name as XXXXico. Item 1 of the DD Form 214 that he was issued on 20 June 1952 for this period of service also shows this spelling of his first name.
5. A review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, shows he spelled his first name as XXXXico throughout his entire military career. His AMHRR lists no other spelling of his first name.
6. The applicant provides a copy of his Certificate of Birth which shows the spelling of his first name as "XXXXic'o."
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows when the applicant initially enlisted in the RA he spelled his first name as XXXXico and the same spelling was used throughout his entire military career. No documents are contained in his AMHRR, nor has he submitted any documents, showing the spelling of his first name as XXXXicio.
3. 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 have the spelling of his first name listed in his AMHRR as he now lists it; however, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his AMHRR and to satisfy his desire to have his first name documented as he now lists it.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20130008437
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ABCMR Record of Proceedings (cont) AR20130008437
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