IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140001201
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 her record to show the spelling of her first name as "Axxxxa" instead of Axxxxia.
2. The applicant states:
a. the letter "i" should be removed from her first name; and
b. the error shown on her initial enrollment papers was made on her part.
3. The applicant provides a copy of her passport and social security card as evidence to support her application.
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 initially enlisted in the U.S. Army Reserve Delayed Entry Program on 14 October 1982 and served until she was discharged and enlisted in the Regular Army on 21 June 1983. She last enlisted in the Regular Army on 12 August 1997.
3. Her Official Military Personnel File (OMPF) includes separate DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States) that were prepared in support of each of her enlistments. These documents, dated 21 June 1983, 8 December 1986, 1 November 1989, 13 June 1991, and 12 August 1997, each list her first name as Axxxxia.
4. On 30 June 1998, the applicant retired from active duty having completed 15 years and 10 days of creditable active duty service. The DD Form 214 which was prepared upon her retirement lists her first name as Axxxxia and she likewise authenticated this document with her signature by signing this same first name.
5. The military documents filed in the applicant's OMPF show her first name as Axxxxia throughout her military service. When the applicant authenticated documents with her signature, she signed her first name as Axxxxia.
6. The applicant's provides copies of her passport and social security card which show her first name as Axxxxa.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her record should be corrected to show her first name as Axxxxa. However, she admits that the first name recorded on her initial enlistment documents was in error on her part. Therefore, it is concluded she voluntarily chose to serve under that first name which she now claims is incorrect.
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 that the applicant desires to now record the first name shown on her passport in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document, which confirms the spelling of her first name as shown on her passport, will be filed in her OMPF. This should serve to clarify any questions or confusion regarding the difference in the first name recorded on her DD Form 214 and to satisfy her desire to have her original first name documented in her OMPF.
4. 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) AR20140001201
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ABCMR Record of Proceedings (cont) AR20140001201
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