IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140001889
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 item 1 (Last Name-First Name-Middle Name) of his DD Form 214 (Report of Separation and Record of Service) to show his:
* First Name as "John" vice "Huntley"
* Middle Name as "Huntley" vice "John"
2. The applicant states according to his birth certificate, his full name is "John Huntley M-----" and not "Huntley John M-----."
3. The applicant provides his DD Form 214 and a birth certificate.
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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Chicago, IL, on 2 March 1953.
4. Neither his DD Form 398 (Statement of Personal History) nor his DD Form 47 (Record of Induction) is available for review. It is unclear what first or middle names he used at the time.
5. His available records contain Special Orders Number 21, issued by Headquarters, 503rd Personnel Center, Fort Sheridan, IL on 26 January 1955 ordering his release from active duty. The orders listed his full name as "Huntley J. M-----."
6. He completed 1 year, 10 months, and 25 days of creditable active service. He was released from active duty on 26 January 1955. Item 1 of his DD Form 214 shows his first name as "Huntley" and his middle name as "John." He signed this form using the first name "Huntley" and the middle initial "J."
7. He submitted a certificate of birth of an individual with the same last name but with first name as "John" and the middle name as "Huntley."
DISCUSSION AND CONCLUSIONS:
1. The applicant's induction record is not available for review with this case. It is unclear what first or middle names he used upon entering active duty. However, his record contains a copy of a properly-constituted DD Form 214 that shows his first name as "Huntley" and his middle name as "John." He even authenticated this form with his signature using this name.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his first and middle names.
3. Nevertheless, a copy of this decisional document will be filed in his service record to provide clarity and to deal with any confusion that might arise regarding the different first name and middle name he claims are correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first and middle names under which he served.
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) AR20140001889
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ABCMR Record of Proceedings (cont) AR20140001889
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