BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008655
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 records to show that his first name is spelled with two "Ns" instead of one.
2. The applicant states that his first name was misspelled with one "N" on his original birth certificate and he has had an amended birth certificate issued on
14 September 2005 to correct the error.
3. The applicant provides copies of his birth certificate, driver license, and Social Security Card showing that his first name is spelled with two "Ns."
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 20 July 1971 for a period of
3 years and training as a clerk. At the time of his enlistment he spelled and signed his first name with one "N." He completed his one-station unit training at Fort Polk, Louisiana and was transferred to Germany on 19 December 1971.
3. He departed Germany on 14 December 1973 and was transferred to Fort McClellan, Alabama where he remained until he was honorably released from active duty (REFRAD) on 19 August 1974 due to the expiration of his term of service. He had served 3 years and 1 month of active service and his DD Form 214 (Report of Separation from Active Duty) issued at the time of his REFRAD shows that his first name is spelled with one "N" and he signed it accordingly.
4. A review of his official records shows that he spelled his first name with one "N" throughout his entire period of service.
5. The amended birth certificate provided by the applicant with his application shows that on 14 September 2005 an amended certificate was issued showing that his first name is spelled with two "Ns."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicants official records show he served his entire period of service using the first name that is contained on his DD Form 214.
2. 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 now change his first 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and to satisfy his desire to have the first name listed on his amended birth certificate documented in his record.
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) AR20130008655
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ABCMR Record of Proceedings (cont) AR20130008655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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