BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004359
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 (Report of Separation from Active Duty) for the period ending 7 July 1975 to show his middle name as "Eldridge."
2. The applicant states his middle name should be reflected as that on his Certificate of Live Birth and social security card.
3. The applicant provides a photocopy of his Certificate of Live Birth and social security card.
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. On 10 January 1973, the applicant enlisted in the Regular Army.
3. He was honorably released from active duty on 7 July 1975. The DD Form 214 he was issued at the time shows his middle name as "Edward."
4. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) that shows his middle name as "Edward." Review of the applicant's official military personnel file (OMPF) reflects his middle name as "Edward" throughout his record. There are no documents in his OMPF that show "Eldridge" as his middle name. He also signed multiple documents with his middle name as "Edward."
5. He provides a copy of a Certificate of Live Birth and social security card that show his middle name as "Eldridge."
6. Army Regulation 635-5 (Separation Documents) 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. His record shows he enlisted into the military and served throughout using the middle name "Edward."
2. Notwithstanding the middle name shown on his Certificate of Live Birth and social security card, in the absence of compelling information to the contrary, there is an insufficient basis for changing his records to show his middle name as that shown on the aforementioned documents. The evidence of record shows he appropriately served on active duty under the same middle name he provided upon his enlistment into the Army.
3. 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 middle name in his military records, as that shown on the documents he provided to the Board there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his 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 middle name documented in his OMPF.
5. In view of the foregoing, there is an insufficient evidentiary 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) AR20140004359
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004359
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017267
The applicant requests correction of the middle name shown in his official military personnel file (OMPF) from Hxxxxxxxx to Axxxxxx, as reflected on his Social Security Card and Certificate of Live Birth. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There are no documents contained in his official military record showing Axxxxxx...
ARMY | BCMR | CY2011 | 20110012229
It appears an administrative error occurred during the preparation of his DD Form 214 that listed the first three digits of his SSN as 522. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as listed on his Social Security card and other record documents referenced in these Proceedings. With respect to the correction of his DD Form 214 to show his middle name as Alonso, the evidence of record shows that upon his induction into the AUS the...
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 | CY2012 | 20120008382
However, these documents are insufficient to change his first and middle name on his DD Form 214. He has not shown the Army's records are in error as all official documents contained in his available military personnel service and medical records show he served under the first and last name as "Thomas Daniel." ___________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 | CY2008 | 20080019542
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. With respect to the applicants middle name, the applicants record of induction shows his middle name as Edward....
ARMY | BCMR | CY2014 | 20140010038
IN THE CASE OF: BOARD DATE: 27 January 2015 DOCKET NUMBER: AR20140010038 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 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. ABCMR Record of Proceedings (cont) AR20140010038 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2010 | 20100021210
The applicant requests correction of his military service records and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1999 to change her first name and middle name to Daphne Amber instead of David Wayne. 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...
ARMY | BCMR | CY2010 | 20100029288
The applicant provides copies of his birth certificate, social security card, DD Form 214, and DD Form 215 (Correction to DD Form 214) in support of his application. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record. This Record of Proceedings along with the application and supporting documents will be filed in his military record.
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...
ARMY | BCMR | CY2010 | 20100030472
His DD Form 47 (Record of Induction) shows: * Item 1 (Last Name, First Name, Middle Name) shows his name as "Sxxxx, Travis Eddie" * Item 5 (DOB) shows his DOB as 26 March 1946 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his full name as "Sxxxx, Travis E." He authenticated this form on the date of its creation by placing his signature in item 47 (Signature of Individual), using the name "Travis E. Therefore, in the absence of...