IN THE CASE OF:	 

		BOARD DATE:	    14 May 2014

		DOCKET NUMBER:  AR20130014947 


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 birth name.

2.  The applicant states his first name by birth is "Jack."  However, he enlisted in the Army under the first name of "John." 

3.  The applicant provides copies of his:

* birth certificate
* U.S. Passport
* 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 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 applicant's DD Form 47 (Record of Induction) shows he was inducted into the U.S. Army on 26 August 1966.  It also shows in item 1 (Last Name - First Name - Middle Name), his first name as "John."

3.  The applicant's DD Form 398 (Statement of Personal History), prepared by the applicant on 7 March 1967, shows in:

* item 1 (First Name - Middle Name - Last Name), his first name as "John"
* item 3 (Alias(es), Nickname(s), or Changes in Name):  "Jack"

4.  A DD Form 214 shows the applicant was honorably released from active duty on 8 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  It also shows in:

* item 1 (Last Name - First Name - Middle Name), his first name as "John"
* item 21 (Signature of Member Being Separated), the applicant signed the document with that first name

5.  The applicant provides copies of the following documents:

   a.  State of Illinois, Department of Public Health, Division of Vital Statistics, Certificate of Birth, issued on 8 April 1947, that shows his first name is "Jack", and

   b.  the identification and signature pages of his U.S. Passport, issued on 
15 September 2003, that shows his first name is "Jack" and that he signed his passport with that first name.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the first name recorded in his military service records should be corrected because it does not correspond with the first name on his birth certificate.

2.  The applicant's Certificate of Birth and U.S. Passport show his first name is "Jack."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his preferred first name was "John."  Thus, the applicant chose to use the first name "John" during his military service.

4.  The applicant's military service records clearly show his preferred first name and that he signed numerous documents using that first name.  In addition, the applicant's preferred first name was consistently recorded in his official military service records, including on his DD Form 214, when he was released from active duty.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the name in his official military service records.

6.  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 the applicant desires to now record his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  







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)                                         AR20130014947



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ABCMR Record of Proceedings (cont)                                         AR20130014947



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