IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130011665
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 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as "Scott." The applicant also requests correction of his DD Form 214 to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, the first name recorded on his DD Form 214 does not match his birth certificate.
3. The applicant provides copies of his Minnesota Department of Health Certificate of Live Birth, DD Form 214, and U.S. Total Army Personnel Command Permanent Order 088-06.
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. After a previous period of enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 24 November 1982.
3. On 23 December 1993, he was honorably discharged. His DD Form 214 shows his first name spelled as "Scot."
4. All documents in his records bearing his name show his first name spelled as "Scot."
5. He provided copies of his Minnesota Department of Health Certificate of Live Birth which shows his first name spelled as "Scott."
6. U.S. Total Army Personnel Command Permanent Order 088-06, dated 28 March 2000, awarded the applicant the Combat Infantryman Badge for satisfactory performance of duty while under hostile fire during the period
22-23 November 1984.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the first name spelled as "Scot."
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 spelling of his first name as 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 name recorded in his military records and the spelling of the first name shown on his birth certificate.
4. Orders show the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty while under hostile fire during the period
22-23 November 1984; therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge to his DD Form 214 for the period ending 23 December 1993.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his first name in his military records.
_______ _ 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.
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