IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130012559
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 Bobby instead of Bobbie.
3. The applicant provides his:
* Birth Certificate
* West Virginia Driving License
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 applicants military record shows he enlisted in the Regular Army on
8 June 1962.
3. His record contains the following documents which show the spelling of his first name as Bobby:
* DD Form 398 (Statement of Personal History)
* DD Form 4 (Enlistment Record-Armed Forces of the United States)
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 enlistment documents. When required, the applicant authenticated every document in his military record by signing the name he now claims is incorrect.
5. On 2 June 1965, he was honorably discharged. His DD Form 214 issued to him at the time lists the same first name that is recorded on his enlistment documents and on all other documents filed in his military record.
6. He provides his birth certificate and driving license which both show his first name as Bobbie.
7. 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. 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 requests correction of his military record to show his correct 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 every document 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) AR20130012559
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ABCMR Record of Proceedings (cont) AR20130012559
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