BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130015049 


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, in effect, correction of item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his full name as Hxxxx Cxxxxxxx Gxxxxx II vice Hxxxx Cxxxxxxx Gxxxxx Jr.

2.  The applicant states the drill instructor told him to put the suffix of "Jr" on his last name because his father's full name was Hxxxx Cxxxxxxx Gxxxxx Sr.  He never thought it would matter until recently.

3.  The applicant provides copies of his DD Form 214, birth certificate, social security card, and driver license.

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 was inducted into the Army of the United States (AUS) on 25 September 1969.  His record contains the following:

* DD Form 398 (Statement of Personal History), dated 22 September 1969, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx; the form lists his father's full name as H. Cxxxxxxx Gxxxxx
* DD Form 47 (Record of Induction), dated 25 September 1969, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr
* DA Form 20 (Enlisted Qualification Record), audited on 24 July 1970, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr

3.  He was released from active duty on 1 September 1971 and he was transferred to the U.S. Army Reserve (USAR).  Item 1 of his DD Form 214 lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr.

4.  He was discharged from the USAR on 1 September 1975.  His orders list his full name as Hxxxx Cxxxxxxx Gxxxxx Jr.

5.  He reenlisted in the USAR on 26 May 1977.  His record also contains the following:

* DD Form 398, dated 26 May 1977, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx; the form lists his father's full name as H. Cxxxxxxx Gxxxxx
* DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 26 May 1977, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr
* DD Form 1966/1 (Application for Enlistment - Armed Forces of the United States), dated 26 May 1977, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx; the form lists his father's full name as H. Cxxxxxxx Gxxxxx
* DA Form 41 (Record of Emergency Data), dated 26 May 1977, which lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr; the form lists his father's full name as H. Cxxxxxxx Gxxxxx
* DA Form 2-1 (Personnel Qualification Record – Part II) which lists his full name as Hxxxx Cxxxxxxx Gxxxxx Jr

6.  He was discharged from the USAR on 25 May 1980.  His orders list his full name as Hxxxx Cxxxxxxx Gxxxxx Jr.

7.  He provided copies of the following:


* State of Delaware Department of Health and Social Service Certificate of Birth, issued on 18 August 2010, which identifies an individual with the same name as the applicant and lists the full name as Hxxxx Cxxxxxxx Gxxxxx II; the certificate lists the father's full name as Hxxxx Cxxxxxxx Gxxxxx
* social security card which lists his full name as Hxxxx Cxxxxxxx Gxxxxx II
* driver license which lists his full name as Hxxxx Cxxxxxxx Gxxxxx 2nd

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 1 would list the name in all capitals and include "SR," "R," or "II," if appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the suffix "Jr" with his name during his periods of service in the AUS and USAR.  It appears he began using the suffixes of II and/or 2nd on his last name after his periods of service.  Therefore, his military records and DD Form 214 are correct as currently constituted.

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 the applicant desires to now record his changed 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.

3.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have the currently-used suffix on his last name documented.

4.  In view of the foregoing, 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)                                         AR20130015049





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ABCMR Record of Proceedings (cont)                                         AR20130015049



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