BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005800
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 his DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 July 1974 be changed to show his name in
item 1 (Last Name - First Name - Middle Name) without the suffix "Jr."
2. The applicant states his birth certificate, social security card, and driver's license do not show his name with the suffix "Jr."
3. The applicant provides:
* birth certificate
* social security card
* Maryland driver's license
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 372 (Application for Verification of Birth for Official U.S. Armed Forces use only), dated 7 December 1972, shows his name with the suffix "Jr." Certificate Number PAS 74179/62/F1 is also shown.
3. On 21 December 1972, he enlisted in the Regular Army. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his name with the suffix "Jr." He signed the contract using the suffix "Jr."
4. Documents through his Military Personnel Records Jacket (MPRJ) show his name both with and without the suffix "Jr." He also signed his name both with and without the suffix "Jr."
5. On 10 July 1974, he was honorably discharged. His DD Form 214 shows his name with the suffix "Jr."
6. The birth certificate he provides contains the application number PAS 74179/G2/F1(could be misread as 74179/62/F1). His name is shown without the suffix "Jr." The surname of the child is not shown in block for name of child; however, his first and middle name is shown as the same first and middle name as his father.
7. The Maryland driver's license and social security card he submitted do not show his name with the suffix "Jr."
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted with his name showing the suffix "Jr." and his name is shown as such throughout his MPRJ. His signature also appears throughout most of his MPRJ using the suffix "Jr."
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 the applicant desires to now record his first name as shown on his birth certificate in his military record, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, 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 name recorded in his military record and to satisfy his desire to have the name shown on his birth certificate 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) AR20140005800
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ABCMR Record of Proceedings (cont) AR20140005800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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