IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130014549
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 change of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his name as J. R. R------- instead of J--- R----- R-------, Jr.
2. The applicant states that he used his real name, J. R. R------- when he registered for the draft, but when he reported for training, was told he could not serve using only initials for his first and middle names. He chose to use his father's first and middle names and added Jr. to the end. He is now 80 years old and wants his records corrected for his "Bronze Plaque" at his death.
3. The applicant provides copies of his birth certificate and DD Form 214.
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 was inducted on 23 April 1953. On 22 April 1955, he was honorably released from active duty. He had completed 2 years of active service. His DD Form 214 shows his name as J---- R---- R-------, Jr. He signed the form using the name J---- R----- R-------, Jr.
3. The applicant provided his birth certificate showing his name as J. R. R------.
4. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant used the name J---- R---- R------- Jr., during his active duty. He contends his records should be changed to show the name on his birth certificate.
2. There is no available evidence showing he used the name on the birth certificate during his active duty service, and he does not claim that he did.
3. 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. While it might be understandable that the applicant now desires the record show his birth name, in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document will be filed in the Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name in his military record and to satisfy his desire to have his current name shown in the AMHRR.
5. In view of the above, there is no basis for granting the applicant's 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) AR20100023544
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