BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019114 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that his first name is spelled “Garry” instead of “Gary.”

2.  The applicant states his DD Form 214 incorrectly reflects his first name as “Gary” instead of “Garry.”  He is unable to close on a home because of the misspelling of his first name on his DD Form 214.

3.  The applicant provides a one-page letter explaining his application and copies of his birth certificate, Social Security card, passport and driver’s 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 enlisted in the Regular Army on 30 September 1987.  At the time of his enlistment, he provided a birth certificate showing that his first name was spelled “Garry” and he stated that while he did not change his name through any legal procedure, he preferred to use the first name spelling of “Gary.”

3.  He completed his training at Fort Sill, Oklahoma and was transferred to Germany.  He was advanced to the pay grade of E-4 on 1 November 1989 and deployed to Southwest Asia (SWA) during the period 19900324 – 19900827. 

4.  He completed his tour in Germany and was transferred to Fort Stewart, Georgia where he remained until he was honorably released from active duty (REFRAD) on 27 September 1991.  He served 3 years, 11 months and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows his first name spelled as “Gary.”  Additionally, he signed his first name as “Gary” on his DD Form 214 and all other documents in his official records.

5.  The birth certificate and other documents submitted by the applicant show his first name spelled as “Garry.”

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant’s official records show he served his entire period of service using the name that is contained on his DD Form 214.

2.  While not prohibited, the applicant provided evidence (birth certificate) at the time he enlisted showing his first name was spelled “Garry”; however, he made it clear at that time that he preferred to serve under the first name of “Gary” and he did so for his entire enlistment.

3.  In addition, 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.  Accordingly, there is no basis for granting the applicant's requested relief.

4.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and to satisfy his desire to have it documented in his record.

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)                                         AR20130019114



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019114



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1