BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021901
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 name as R_____ Jr. (Junior) T-----vice W______ R_____ T_____.
2. The applicant states he believes that since his middle name is Jr. it was assumed he was named after his father whose name is W______ and, therefore, W______ was presumed to be his first name.
3. The applicant provides his Certification of Vital Record.
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 Army of the United States on 13 September 1967, under the last name, first name and middle name T----- Jr, William R-----. All of the official documents contained in his Official Military Personnel File (OMPF)) show his last name, first name, and middle name as T-----William R-----.
3. On 9 May 1969, he was honorably released from active duty after completing 1 year, 7 months, and 27 days of active military service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as T----- William R-----. Item 34 (Signature of Person Being Transferred or Discharged) shows he clearly authenticated his DD Form 214 using this same name.
4. He submitted:
a. a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 4 November 1969, shows his DD Form 214 for the period ending 9 May 1969 was corrected to reflect a different Social Security Number than shown on his DD Form 214.
b. an Honorable Discharge Certificate from the U.S. Army Reserve, dated
1 September 1973, that shows his last name, first name, and middle name as
T---- William R----- Jr.
c. his State of Alabama Standard Certificate of Live Birth, dated
11 September 1947, that shows his name as Robert Jr. T-----.
d. his State of Alabama Driver License, dated 7 September 2011, which shows his name as Robert Junior T-----.
e. his social security card which shows his name as Robert Jr. T-----.
5. Army Regulation 635-5 (Separation Documents) at the time prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for preparation of the DD Form 214. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's desire to change his DD Form 214 to show his name as shown on his birth certificate is understood, the available evidence shows he entered, served, and was separated from active duty under the name shown on his DD Form 214 and all other documents in his OMPF.
2. 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. There appears to be no compelling reason to compromise the integrity of the Army's records by changing his middle name at this late date.
3. This Record of Proceedings will be filed in his OMPF to provide clarity and to resolve any confusion that may arise regarding the difference in the middle name he used when he served on active duty and the name he currently uses.
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) AR20130021901
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ABCMR Record of Proceedings (cont) AR20130021901
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