IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010613
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 record to show his correct first name.
2. The applicant states his first name is incorrectly listed in his military record as Benj---- instead of Benj-.
3. The applicant provides:
* Birth Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record contains page 8 of his DD Form 1966 (Record of Military Processing -Armed Forces of the United States) which was prepared during his enlistment processing. Section X (Statement of Name for Official Military Records) shows he confirmed the official first name shown on his birth certificate is Benj-; however, he preferred to use the middle name of Benj----.
3. The applicants military record shows he enlisted in the Regular Army (RA) on 2 May 1984. The DA Form 2-1 (Personnel Qualification Record) prepared on him upon his entry on active duty lists the first name as Benj----.
4. All other documents filed in the applicants military record list the same first name that he now claims is incorrect and as recorded on his DD Form 1966/8 and his DA Form 2-1. When required, the applicant authenticated every document in his military record by signing the name he now claims is incorrect.
5. On 27 February 1987, the applicant was honorably released from active duty. The DD Form 214 issued to him at the time lists the same first name that is recorded on his DD Form 1966/8, DA Form 2-1, and on all other documents filed in his military record.
6. 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. In pertinent part, 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. The applicant contends his DD Form 214 should be corrected to change his first name. However, the evidence of record confirms that during his enlistment processing he chose to serve under a first name different from his official name as shown on his birth certificate. It also confirms the first name he elected to serve under is the same name listed on his DD Form 1966/8, DA Form 2-1, DD Form 214, and all other documents filed in his military record.
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 record the first name that is listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his birth name, will be filed in his Army Military Human Resource Record (AMHRR) (previously known as Official Military Personnel File). This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his birth name documented in his AMHRR.
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) AR20100018678
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ABCMR Record of Proceedings (cont) AR20130010613
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