BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015263 


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 the following:

* 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 G. R. Sxxxxxxx vice Gxxxx R. Sxxxxxxx
* issuance of an Honorable Discharge Certificate

2.  The applicant states he would like his first and middle names to be listed as initials only on his DD Form 214.  He also never received an Honorable Discharge Certificate.  He only has a DD Form 214.  When he enlisted his full name was correct.  He began using initials only for his first and middle names about 37 years ago.  All legal documents have his name as G. R. Sxxxxxxx and he would like to change his Army records to show his name as G. R. Sxxxxxxx.

3.  The applicant provides copies of his birth certificate, passport, a Department of Veterans Affairs identification card, driver's license, Department of Public Safety Concealed Firearm Permit, medicare card, and Pennsylvania License to Carry Firearms Permit.  

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 enlisted in the Regular Army (RA) on 12 October 1960.  His record contains the following:

* DA Form 161 (Application for Enlistment of High School Graduates for Specific Army Schooling), dated 12 October 1960, which lists his full name as Gxxxx Rxxx Sxxxxxxx
* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 12 October 1960, which lists his full name as Gxxxx Rxxx Sxxxxxxx
* DA Form 41 (Record of Emergency Data) which lists his full name as Gxxxx Rxxx Sxxxxxxx
* DA Form 24 (Service Record) for the period 12 October 1960 through 28 September 1963 and lists his full name as Gxxxx Rxxx Sxxxxxxx
* DA Form 20 (Enlisted Qualification Record) which lists his full name as Gxxxx Rxxx Sxxxxxxx

3.  He was honorably released from active duty on 28 September 1963 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 lists in:

* Item 1 - his full name as Gxxxx Rxxx Sxxxxxxx
* Item 18 (Terminal Date of Reserve Obligation) - 11 October 1966

4.  His record is void of orders discharging him from the USAR; however, his record contains Special Orders Number 244, issued by Headquarters, XXI U.S. Army Corps, dated 1 September 1965, assigning him to the USAR Control Group (Standby) with an effective date of 30 September 1965.

5.  He provided copies of a Commonwealth of Pennsylvania Department of Health Certification of Birth, filed on 25 September 1942, which identifies an individual with the same first name and middle initial and last name as the applicant and several identification cards listing the name of G. R. Sxxxxxxx.

6.  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 last name, first name, and full middle name or names, if any.

7.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, governed the separation of enlisted personnel.  The regulation stated discharge certificates were furnished to all enlisted personnel when they were discharged.  Individuals released from active duty and transferred to the USAR would be furnished a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With respect to correction of item 1 of his DD Form 214, the evidence of record shows the applicant used the full name of Gxxxx Rxxx Sxxxxxxx during his period of service in the RA.  He has stated he began using the initials G. and R. for his first and middle names after his period of service.  Therefore, he is not entitled to correction of item 1 of his DD Form 214.

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 name he currently uses documented.

4.  With respect to the issuance of an Honorable Discharge Certificate, in accordance with governing regulations and his release from active duty and transfer to the USAR he was appropriately furnished a DD Form 214.  The evidence shows his Reserve obligation termination date was 11 October 1966.  There is no evidence he was issued discharge orders and an Honorable Discharge Certificate on that date.  Therefore, he is entitled to the issuance of an Honorable Discharge Certificate for his period of service in the USAR from 29 September 1963 through 11 October 1966.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant an Honorable Discharge Certificate for his period of service in the USAR from 29 September 1963 through 11 October 1966 which contains the spelling of his name as shown in Special Orders Number 244, dated 
1 September 1965.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 1 of his 
DD Form 214.



      ___________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)                                         AR20130015263





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ABCMR Record of Proceedings (cont)                                         AR20130015263



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