IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130011565
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 Form 214 (Report of Separation from the Armed Forces of the United States) to show his first and middle names as "Marion Delooch" instead of "Gerald Marion."
2. The applicant states the name recorded on his discharge document was the name given by his parents at birth, but the midwife wrote the wrong name and spelling on his birth record. He is unable to obtain a State identification card with the current name discrepancy. He now needs his DD Form 214 changed to match his birth certificate.
3. The applicant provides a County of Harrison Texas Certification of Vital Record, his DD Form 214, and his 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 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. On 19 February 1952, the applicant was inducted into the Army of the United States.
3. On 30 October 1953, he was honorably released from active duty. His DD Form 214 shows his first and middle names as "Gerald Marion."
4. All documents in his records bearing his name show the first and middle names as "Gerald Marion."
5. He provides a County of Harrison Texas Certification of Vital Record and his social security card showing his first and middle names as "Marion Delooch."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the first and middle names of "Gerald Marion."
2. 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 now desires to record the first and middle names shown on his birth certificate 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 personnel records. This should serve to clarify any questions or confusion regarding the difference between the first and middle names recorded in his military records and the first and middle names shown on his birth certificate.
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 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) AR20130011565
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ABCMR Record of Proceedings (cont) AR20130011565
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