IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021179
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 (Certificate of Release or Discharge from Active Duty) to show his first name as Francis instead of Frank.
2. The applicant states Francis is his legal first name. Frank is a nickname. He wants his DD Form 214 to reflect his legal name of Francis.
3. The applicant provides copies of:
* his Minnesota Drivers License issued in October 2012
* hid Identification and signature pages from his U. S. Passport issued on 10 February 2009
* his Certificate of Baptism dated 25 February 1985
* Hospital Birth Certificate, dated 9 October 1948
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. A review of the applicant's military records reveals:
a. that he had served in the Regular Army from 18 September 1967 to
19 June 1970; and
b. that without exception, every document in his military records shows his first name as Frank. Furthermore, every one of his signatures in his military records shows he used Frank as his first name.
3. The documents provided by the applicant, except for the hospital certificate, show his first name as Francis.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his first name as Francis because this is his legal name.
2. The applicant served in the Army using the name currently recorded in his military records.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current first name and the first name recorded in his military record, and to satisfy his desire to have his name documented in his record.
5. 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) AR20130020726
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