IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012434
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as R. and his middle name as B. vice R_______ and B_____.
2. The applicant states he did not know his first and middle names were incorrect until he obtained his birth certificate. His birth certificate lists his first name with the initial R. and his middle name as the initial B. He has already legally changed his name on his records at the Social Security Administration, Department of Veterans Affairs (VA), and the Department of Motor Vehicles.
3. The applicant provides his DD Form 214 and birth certificate.
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. In conjunction with the applicant's induction into the Army of the United States (AUS), he underwent a medical examination on 13 August 1968. His Standard Form 88 (Report of Medical Examination), dated 13 August 1968, shows his first name as R_______ and middle name as B_____.
3. The applicant was inducted into the AUS on 4 November 1968. His DD Form 47 (Record of Induction) shows his first name as R_______ and middle name as B_____.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his first name as R_______. He reviewed this form and authenticated it by placing his signature in the appropriate block on 12 November 1968 using the first name of R_______ and the middle initial of "B."
5. His records contain numerous orders, personnel, legal, and medical documents that all show his first name as R_______ and his middle name as B_____. He authenticated many of these forms by placing this signature in the appropriate block.
6. In conjunction with his separation from the AUS, he underwent a medical examination on 10 June 1970. His Standard Form 88, dated 10 June 1970, shows his first name as R_______ and middle name as B_____.
7. He was honorably released from active duty on 10 June 1970. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows his first name as R_______ and middle name as B_____. He authenticated this form using this signature.
8. The applicant provides a State of Louisiana Certificate of Live Birth, dated 14 July 1945, wherein it shows his first and middle names as R. and B., respectively.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that upon the applicant's induction in the AUS his first and middle names were listed as R_______ and B____. These names are consistent with the spelling of the first and middle names that he used throughout his military service. He authenticated many documents by placing his signature in the appropriate block indicating these first and middle names were correct. During his active duty service, he did not use the spelling of the first or middle names that he now claims.
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 that the applicant now desires to record a different first and middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the spelling of the first and middle names recorded in his military record and to satisfy his desire to have the spelling of his first and middle names that are listed on his certificate of birth documented in his AMHRR.
4. In view of the foregoing, he is not entitled to the requested relief.
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) AR20130012434
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012434
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005336
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of all of his military records to show: * the spelling of his first name as Jxxxx vice Gxxxxx * his date of birth (DOB) as 12 August 19XX vice 10 August 19XX 2. _______ _ _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.
ARMY | BCMR | CY2011 | 20110024817
The applicant states the Army did not correct the spelling of his last name in the records while he was in the service despite his several requests. The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his last name as "De Wxxxe." The evidence of record shows the applicant used the last name "De Wxxxe" upon his induction into the AUS.
ARMY | BCMR | CY2011 | 20110012229
It appears an administrative error occurred during the preparation of his DD Form 214 that listed the first three digits of his SSN as 522. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as listed on his Social Security card and other record documents referenced in these Proceedings. With respect to the correction of his DD Form 214 to show his middle name as Alonso, the evidence of record shows that upon his induction into the AUS the...
ARMY | BCMR | CY2012 | 20120004188
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. The evidence of records shows that upon the applicant's induction into the AUS, and despite the fact that his middle name was spelled as "Kelley" on his DD Form 47, he signed an Acknowledgment of Service Obligation with his middle name spelled as "Kelly." __________X_____________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2010 | 20100028880
On 1 October 1968, in conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he indicated his first name was "M******l." He authenticated this form by placing his signature in the appropriate place using the first name of "M******l." 3. The evidence of records shows that upon induction into the AUS on 2 October 1968, the applicant listed his first name as "M******l." This first name is consistent...
ARMY | BCMR | CY2014 | 20140003995
His DD Form 47 (Record of Induction) listed his first name as "Lawrence." There is no evidence he used the requested spelling of first name at any time during his military service. ABCMR Record of Proceedings (cont) AR20140003995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120022215
Several documents in his service record listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945: * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) * Separation orders * Report of Medical Examination * Report of Medical History * Clinical records 6. The evidence of record shows the applicant used the first name "Douglas," the middle name "Macarthur," and the year of birth as 1945 upon his induction into the AUS. ...
ARMY | BCMR | CY2015 | 20150000208
The available evidence shows the applicant listed his DOB as 8 September 1950 at the time of his induction. His DD Form 214 should be corrected to show his DOB as 12 August 1950. _____________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.
ARMY | BCMR | CY2010 | 20100030472
His DD Form 47 (Record of Induction) shows: * Item 1 (Last Name, First Name, Middle Name) shows his name as "Sxxxx, Travis Eddie" * Item 5 (DOB) shows his DOB as 26 March 1946 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his full name as "Sxxxx, Travis E." He authenticated this form on the date of its creation by placing his signature in item 47 (Signature of Individual), using the name "Travis E. Therefore, in the absence of...
ARMY | BCMR | CY2010 | 20100000261
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his record to show his name is J____ R_______ M_____. The evidence of record shows the applicant was inducted under the name J____ E___ R_______, later he enlisted in the Regular Army under this name, and used the signature J____ E___ R_______ or J____ E. R_______ consistently throughout his military service.