BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140005526 


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 the Armed Forces of the United States) to show his full name as Stuart S____ with no middle initial.

2.  The applicant states:

* Frederick is his christening name, which the Social Security Administration does not recognize
* his birth certificate shows his name as Stuart S____ with no middle initial
* he must legally change his name to match his military records, which will require a new social security number and driver's license
* he wrongfully believed his full legal name was Frederick Stuart S____ when he was drafted
* he was unaware that the U.S. Government does not accept religious names
* this error could have been avoided had the Army required all draftees to produce birth certificates

3.  The applicant provides:

* birth and baptismal certificates
* DD Form 214
* Honorable Discharge Certificate and Certificate of Service
* Florida driver's license
* 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.  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 the applicant's 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.  His DD Form 214 shows he was inducted into the Army of the United States on 4 March 1952.  He was honorably released from active duty on 26 February 1954.

4.  His DD Form 214 shows in:

* item 1 (Last Name – First Name – Middle Name) – his first name as Frederick and his middle name as Stuart
* item 48 (Signature of Person Being Separated) – he clearly signed his first name as Frederick followed by the middle initial "S"

5.  He provided his birth certificate which shows his full name as Stuart S____.

6.  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 established standardized policy for preparation of the DD Form 214.  It stated 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's complete service personnel records are not available for review; however, his DD Form 214 shows he served on active duty from 4 March 1952 through 26 February 1954, under the name Frederick Stuart S____.  By his own admission, these are the first and middle names he used during his period of active service.

2.  Although the birth certificate he provided shows his first name as Stuart with no middle name, he served in and was discharged using the first and middle names of Frederick Stuart.

3.  For historical purposes, 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.  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 he now desires to record his correct 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.

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the full name recorded in his military records and to satisfy his desire to have his current full name documented.

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)                                         AR20140005526



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ABCMR Record of Proceedings (cont)                                         AR20140005526



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