BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20130022087
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 correct middle name.
2. The applicant states his birth name is "Richard Robert B------." However, his middle name is incorrectly recorded on his separation document as "Ronald."
3. The applicant provides a copy of his Wisconsin State Board of Health, Certificate of Birth.
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. A DD Form 398 (Statement of Personal History) prepared by the applicant on 15 May 1968 shows he entered his name as "Richard Ronald B------."
It also shows in item 3 (Alias(es), Nickname(s), or Changes in Name) he entered "Rick."
3. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 19 June 1969 for a period of 3 years. It also shows in:
a. item 5 (Last Name - First Name - Middle Name): "B------, Richard Ronald" and
b. item 57 (Oath of Enlistment): "I, Richard Ronald B-------, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law this 19th day of June 1969, in the U.S. Army for a period of three (3) 'RRB' [applicant's initials] years
." and the applicant's legible signature "Richard Ronald B------."
4. The applicant's DD Form 214 shows he enlisted in the Regular Army on
19 June 1969, was honorably released from active duty on 26 June 1972, and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 7 months, and 8 days of total active service. It also shows in
item 1 (Last Name - First Name - Middle Name): "B------, Richard Ronald."
5. In support of his application the applicant provides a copy of his Certificate of Birth that show his name is "Richard Robert B------."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the middle name recorded in his military service records should be corrected because it does not correspond with the middle name on his birth certificate.
2. The evidence of record shows that upon processing for entry into military service the applicant reported that his middle name was "Ronald" and that middle name was recorded in his military service records when he enlisted in the Regular Army. Thus, for reasons that are not known, the applicant chose to use the middle name "Ronald" during his military service.
3. The applicant's military service records clearly show his preferred middle name (i.e., "Ronald") and that he signed numerous documents using that same middle name. In addition, the applicant's preferred middle name (or initial) was consistently recorded in his official military service records, including on his
DD Form 214, when he was released from active duty.
4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the middle name in his official military service records.
5. 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 correct middle 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.
6. In view of the foregoing, there is no basis for granting his requested relief.
7. The applicant is advised that a copy of this decisional document, which confirms his correct middle name, 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 the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.
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) AR20130022087
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130022087
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100012304
Application for correction of military records (with supporting documents provided, if any). The military documents that are on file in his official military personnel file (OMPF) show that the applicant served and was released from the Army under the middle name of Richard. There is no evidence in his service personnel records to show he specifies he wanted to use the middle names shown on his birth certificate while he served on active duty in the Army.
ARMY | BCMR | CY2011 | 20110014057
His enlistment record and service personnel records show the first name Richard and middle name Freedom. The applicant is advised that a copy of this decisional document which confirms his legal name change will be filed in his official military personnel file (OMPF). __________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.
ARMY | BCMR | CY2014 | 20140004924
The applicant states his birth record shows his full name is "Walter Ronald Gxxxxxxx." 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. There is no evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were not in the...
ARMY | BCMR | CY2011 | 20110019481
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his middle name as "Neal" instead of "Neil" * his foreign service from 30 June 1969 through 7 August 1971 for 2 years, 1 month, and 7 days instead of 1 year, 1 month, and 7 days * his service in Korea, not Vietnam 2. The DD Form 214 he was issued at the time shows in: a. Therefore, his DD Form 214 should be corrected to show his correct middle name.
ARMY | BCMR | CY2009 | 20090021183
The applicant also claims the CIB and ARCOM he earned while serving in the Republic of Vietnam (RVN) should be added to the awards listed in item 24 of his DD Form 214. The applicant's request that his DD Form 214 be changed to reflect the first name as recorded on his Certification of Birth and to delete the middle name also has been carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2011 | 20110013589
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994 to show his date of birth as 28 June 1948 and the spelling of his middle name as "Ernest." His enlistment record and service personnel records show his middle name spelled as "Earnest." ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2011 | 20110006608
Application for correction of military records (with supporting documents provided, if any). Item 5 (Last Name, Middle Name, Middle Name) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 September 1969, erroneously shows his name as P______ Rodney G____________. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his name as P______ Roddy G____________: * DD Form 369 (Police Record Check), dated 23...
ARMY | BCMR | CY2014 | 20140005505
While the applicant's desire to change his DD Form 214 to show his first name as Julius and year of birth as 1945 is understood, the available evidence shows he entered, served, and was separated from active duty under the name and date of birth shown on his DD Form 214 and all other available documents in his OMPF. ___________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...
ARMY | BCMR | CY2013 | 20130021901
Application for correction of military records (with supporting documents provided, if any). 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...